Stauber v. Larkin , 241 A.D. 797 ( 1934 )

Motion denied. As we construe section 1942 of the Penal Law the words “ attempts to commit felonies,” as used in the first sentence thereof, include attempts which are no more than misdemeanors, while the word “ felony,” as used in relation to the fourth or subsequent offense, refers only to crimes (including attempts to commit a crime) which are strictly of the grade of felony as defined in section 2 of the Penal Law.