As so modified, the judgment is unanimously affirmed.
The basic term of imprisonment of the defendant, either as a second or third offender is five to ten years in accordance with section 1941 of the Penal Law as it read at the time of the commission of the crime in 1949 (see L. 1950, ch. 300). The latter enactment did not apply to crimes committed prior to March 30, 1950. This crime was committed September 14, 1949, hence the prior five-year minimum provision under...
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