Order affirmed.
Defendant contends that one of his prior convictions, namely, his conviction in New Jersey in 1939 for receiving stolen property, would not have been a felony in this State; hence, he was improperly sentenced on August 16, 1960 as a third felony offender. We find this contention to be untenable. Section 1308 of the Penal Law of this State, as it read on the date of defendant's New Jersey conviction in 1939, did not distinguish between a felony and...
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