Opinion
Submitted October 5, 1955
Decided November 17, 1955
Appeal from the Supreme Court, Appellate Division, Second Department, FARRELL, J.
William D. Caracelli, appellant in person.
T. Vincent Quinn, District Attorney ( Benj. J. Jacobson of counsel), for respondent.
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.