Stauber v. Larkin

Appellate Division of the Supreme Court of New York

Stauber v. Larkin

241 A.D. 797

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1934·Published

Opinion

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.

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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.

Stauber v. Larkin, 241 A.D. 797 (N.Y. Ct. App. 1934).

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