Opinion
September 29, 1943.
Present — Crosby, P.J., Cunningham, Taylor, Harris and McCurn, JJ.
Order affirmed, without costs of this appeal to any party, on the ground that section 1945 of the Penal Law as amended by chapter 540 of the Laws of 1941, does not apply to petitioner. He was not legally adjudged to be a fourth felony offender until March 28, 1932; therefore, he was not a person received in a State prison prior to March 18, 1932, upon a life sentence on a conviction of attempt to commit the crime of robbery, first degree, as a fourth offender. All concur. (The order adjudge petitioner to be eligible for parole and directs the State Board of Parole to accept jurisdiction of petitioner and cause to be brought before it all data concerning him, as required by section 214 Correct. of the Correction Law.)