How have courts treated separate sentences for assault and robbery under section 1938 of the New York State Criminal Code?

"New York", United States of America

The following excerpt is from People ex rel. Maurer v. Jackson, 159 N.Y.S.2d 203, 2 N.Y.2d 259 (N.Y. 1957):

[2 N.Y.2d 265] Two recent cases in California, which has a statute almost identical with section 1938, are illustrative of their treatment of separate sentences for assault and robbery. In the case of Ex parte Chapman, 43 Cal.2d 385, 273 P.2d 817, supra, the victim was struck by defendant after he had surrendered his money to defendant, and separate sentences were sustained. In People v. Logan, 41 Cal.2d 279, 290, 260 P.2d 20, defendant struck his victim with a baseball bat and then took her purse. It was held that there could not be punishment for both assault and robbery.

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