Majority
p. 944The People of the State of New York ex rel. George Small, Appellant, v. Joseph H. Brophy, as Warden of Auburn State Prison, Respondent.
Order affirmed. Memorandum. There is nothing in the record to contradict the recital in the judgment of conviction that relator had theretofore been convicted of a felony. Such a conviction might have occurred either in this State or in a sister State if the crime was one which if committed in this State would have been punishable by imprisonment in a State prison. All concur.