Opinion
Argued January 14, 1953
Decided March 6, 1953
Appeal from the Supreme Court, Appellate Division, Second Department, COLLINS, J.
Stewart T. Schantz for appellant.
Frank A. Gulotta, District Attorney ( Henry P. De Vine of counsel), for respondent.
Judgments reversed and matter remitted to the County Court of Nassau County for the resentencing of defendant as a first offender for the reasons set forth in the dissenting opinion in the Appellate Division. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, FULD and FROESSEL, JJ. DYE, J., dissents and votes to affirm for the reason that the Federal conviction was for a crime which, if committed in New York State, would have constituted a felony under subdivision 1 of section 2460 of the Penal Law.