Majority
p. 968The People of the State of New York ex rel. Joseph Badamo, Appellant, against John F. Foster, as Warden of Auburn Prison, Respondent.
Appeal from an order of the Clinton County Court which dismissed appellant-relator’s writ of habeas corpus. Relator contends that his sentence as a second offender was jurisdictionally invalid in that his prior conviction in 1932, in a Federal
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court, of uttering a counterfeit Federal Reserve note was not then an offense of felony grade under the penal laws of our State. We are of the opinion that relator’s prior offense constituted a felony under our forgery statutes as they stood in 1932 (Penal Law, § 881, subds. 1, 3; § 887), and prior to the 1934 amendment (L. 1934, ch. 614). Order affirmed, without costs. All concur.