
    The People of the State of New York, Respondent, v. Charles Carlesi, Appellant.
    
      People v. Carlesi, 154 App. Div. 481, affirmed.
    (Argued March 19, 1913;
    decided April 4, 1913.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 3, 1913, which affirmed a judgment of the Court of General Sessions of the county of New York rendered upon a verdict convicting the defendant of the crime of forgery in the second degree as a second offense. The principal question at issue was as to whether the fact that the defendant had been granted a pardon of his first offense relieved him from the increased punishment prescribed for crimes as second offenses.
    
      George Gordon Battle, Albert Blogg Unger, James E. Brande and Joseph Weber for appellant.
    
      Charles 8. Whitman, District Attorney (Robert 8. Johnstone of counsel), for respondent.
   Judgment of conviction affirmed, on opinion of Miller, J., below.

Concur: Cullen, Ch. J., Gray, Werner, Hiscock, Collin and Cuddeback, JJ. Not sitting: Miller, J.  