Stauber v. Larkin

Appellate Division of the Supreme Court of New York

Stauber v. Larkin

241 A.D. 797

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1934

StatusPublished

This text of 241 A.D. 797 (Stauber v. Larkin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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241 A.D. 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stauber-v-larkin-nyappdiv-1934.