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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM D. CARACELLI, Appellant.

Orders reversed, with the direction that appellant be returned to the County Court, Queens County, to be resentenced as a first offender, upon the ground that it does not sufficiently appear that the crime to which appellant pleaded guilty in New Jersey would have been a felony if committed in this State. No opinion.

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ.

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PEOPLE v. CARACELLI
(Nov 17, 1955)