Order of the County Court, Queens County, denying appellant's motion to vacate and set aside a sentence as a second felony offender upon the ground that at the time of sentence appellant was, in fact, a first felony offender, affirmed. The Wisconsin larceny statute (Wisconsin Statutes, 1943, § 343.17) defines the crime of larceny differently than does the New Jersey statute dealt with in People v. Olah ( 300 N.Y. 96). The crime of which appellant was convicted under the Wisconsin information and statute would be a felony if committed within New York State. (Penal Law, § 1941.) Nolan, P.J., Johnston, Adel and Wenzel, JJ., concur; MacCrate, J., not voting.