People ex rel. Lewis v. Foster

Order reversed on the law, without costs of this appeal to any party, writ dismissed, and relator remanded to the custody of the Warden of Auburn State Prison. Memorandum: While sentence was suspended on the conviction of January 31, 1918, there was a revocation and a sentence nineteen days later consituting a final judgment of conviction within the meaning of section 1942 of the Penal Law. The conviction for escape in 1922 was properly included in the information charging relator with being a fourth offender as section 1699 was not enacted until 1932 (L. 1932, ch. 479). The order must be…