Order affirmed.
Defendant's conviction in 1912 was for a felony under the statute as it then existed, and it is that statute which is controlling and determines the nature and degree of the crime and the applicability of section 1942 of the Penal Law. (People ex rel. Kruger v. Snyder, 261 App. Div. 352; Matter of Emert v. Thorn, 249 App. Div. 301; People ex rel. Ackers v. Brophy, 258 App. Div. 859; People ex rel. Gwynne v. Lawes, 252 App...
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