Criminal Law · MBE-tested
In the Matter of the Application of Charles Stauber, Petitioner, for a Peremptory Mandamus Order against Hon. George A. Larkin, as Justice of the Supreme Court, State of New York, etc.
241 A.D. 797·New York Supreme Court, Appellate Division·1934·NY
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Opinion
In the Matter of the Application of Charles Stauber, Petitioner, for a Peremptory Mandamus Order against Hon. George A. Larkin, as Justice of the Supreme Court, State of New York, etc.
[MAJORITY]
Motion denied. As we construe section 1942 of the Penal Law the words “ attempts to commit felonies,” as used in the first sentence thereof, include attempts which are no more than misdemeanors, while the word “ felony,” as used in relation to the fourth or subsequent offense, refers only to crimes (including attempts to commit a crime) which are strictly of the grade of felony as defined in section 2 of the Penal Law.