People v. Allen (51 A.D.2d 748, 1976)

Judgment of the Supreme Court, Kings County, rendered January 20, 1975, affirmed (People v Darson, 48 AD2d 931; People v Mercogliano, 50 AD2d 907). Since defendant was sentenced prior to the amendment of section 70.06 of the Penal Law, he is not entitled to the benefit of its provisions. Martuscello, Acting P. J., Cohalan, Rabin, Shapiro and Titone, JJ., concur.