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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 *867 conviction within the meaning of section 1941. of the Penal Law. No opinion.
Concur: Loughran, Oh. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Med’alie, J., deceased.