Order affirmed.
Memorandum:
Appellant appeals from an order denying his motion to vacate his sentence as a third offender in 1949, to a term of fifteen to twenty years upon his conviction for the crime of grand larceny first degree upon the ground that he was only a second offender, in that there was no conviction against him in Onondaga County Court in 1925. In our opinion, the order of the Onondaga County Court in 1925, was tantamount to a suspension of...
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