Majority
p. 797In 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.
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.