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THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHN MUCCIOLO, Appellant, against WILLIAM E. SNYDER, as Warden of Sing Sing Prison, Respondent.

Order affirmed. A commitment to the institution at Napanoch under section 438 of the Correction Law constitutes a prior conviction within the meaning of section 1941 of the Penal Law. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ. MEDALIE, J., deceased.

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PEOPLE EX REL. MUCCIOLO v. SNYDER
(Apr 18, 1946)