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has previously been convicted of a crime or not, may suspend
sentence or impose sentence and suspend the execution of the
judgment and may in either case place the defendant on probation
in accordance with the provisions of section eleven-a of the code of
criminal procedure. No provision of this chapter or of the code of
criminal procedure or of any general statute shall be construed to
prevent the court or magistrate authorized to impose sentence from
exercising discretion to suspend sentence or suspend the execution
of the judgment or to place on probation as hereinabove provided.
If sentence shall have been suspended or, if sentence shall have
been imposed and execution of the judgment shall have been sus-
pended, at any time thereafter within the longest period for which
a defendant might have been committed in the first instance or, if
the defendant is on probation and the period of probation exceeds
the period for which the defendant might have been sentenced, at
any time while the defendant remains on probation, the court or
magistrate having jurisdiction may issue process for the rearrest
of the defendant, and when such defendant is arraigned may, if
sentence shall have been suspended, impose any sentence or inake
any commitment which might have been imposed or made at the
time of conviction or may, if sentence shall have been imposed and
execution of the judgment suspended, revoke the order suspending
execution of judgment and order executed the judgment the exc-
cution of which shall have been suspended or may modify the judg.
ment so as to provide for the imposition of any punishment which
might have been imposed at the time of conviction. Provided,
however, that the imprisonment directed by the judgment, shall
not be suspended or interrupted after such imprisonment shall
have commenced.

§ 2. Section four hundred and seventy-at of the code of criminal Code of procedure, is hereby amended to read as follows:

§ 470-a. Suspension of sentence; suspension of execution of 470a judgment. If, after a plea or verdict of guilty or after a verdict against the defendant upon a plea of former conviction or acquittal, sentence shall have been suspended, the court may impose any sentence or make any commitment which might have been imposed or made at the time of conviction. If sentence shall have been imposed and execution of the judgment suspended, the court may revoke the order suspending execution of judgment and order executed the judgment suspended or may modify the judgment so as to provide for the imposition of any punishment which might have been imposed at the time of conviction. The court may impose sentence or order judgment executed with or without modification as hereinabove provided at any time after such suspension of sentence or suspension of execution of judg2 Words "

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criminal procedure, subd. 1 amended.

whole or a part of the ” omitted. 3 Words or the part thereof " omitted.

4 As added by L. 1893, ch. 651; and amended by L. 1918, ch. 467; L. 1920, ch. 476.

5 Words “whole or a part of the ” omitted. 6 Words «

or the part thereof the execution of which shall have been," omitted.

amended.

ment within the longest period for which the defendant might have been sentenced or, if the defendant is on probation and the period of probation exceeds the period for which the defendant might have been sentenced, at any time while the defendant remains on probation; but not after the expiration of such period or periods, unless the defendant shall have been convicted of another crime committed during such period. Provided, however, that the imprisonment directed by the judgment shall not be suspended or interrupted after such imprisonment shall have

commenced. $ 483, § 3. Subdivision one of section four hundred and eighty-three? of

the code of criminal procedure is hereby amended to read as follows:

1. The court upon suspending sentence or suspending the execu

tion of the judgment, may place such person on probation suspending during such suspension under the charge and supervision

probation officer, in accordance with the provisions of section eleven-a of the code of criminal procedure. When practicable, any minor child, placed on probation, shall be placed with a probation officer of the same religious faith as that of the child's parents. The parents, guardian or custodian of such child, if the child has any, shall be summoned by the magistrate to attend any examination or trial of such child and to be present in court when the child is placed on probation and informed by the court of the action taken in such case.

§ 4. This act shall take effect September first, nineteen hundred and twenty-five.

Court may place on proba

sentence.

Children.

In effect Sept. 1, 1925.

8 2240a added to L. 1909, ch. 88.

CHAPTER 277
AN ACT to amend the penal law, in relation to selling merchandise, soliciting

orders and receiving contributions while in uniform.
Became a law April 1, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The penal law is hereby amended by adding after section twenty-two hundred and forty, a new section to be section twenty-two hundred and forty-a, to read as follows:

§ 2240-a. Unauthorized wearing of uniforms. Whoever without authorization wears the uniform, or any distinctive part thereof, of the United States army, navy, marine corps, revenue cutter service, or coast guard, or of the national guard for the purpose of securing personal profit by means of such uniform or distinctive part thereof in soliciting alms, in selling merchandise or taking orders for the same, in seeking or receiving contributions in support of any cause, enterprise or undertaking or in soliciting or receiving subscriptions to any book, paper or magazine, shall be guilty of a

? As amended by I.. 1901, ch. 372; L. 1903, chs. 274, 613; L. 1905, ch. 656; L. 1909, ch. 217; L. 1910, ch. 346; L. 1918, ch. 443.

8 Words whole or a part of the ” omitted.

misdemeanor, punishable by a fine of not more than one hundred dollars, or by imprisonment for not more than three months. This section shall not apply to the sale of property or any other act or transaction conducted under authority of the government of the United States.

§ 2. This act shall take effect September first, nineteen hun- in effect dred and twenty-five.

Sept. 1, 1925.

ch. 88,

amended.

CHAPTER 278
AN ACT to amend the penal law, in relation to correcting a manifest error in

the section relating to false representations concerning securities. Became a law April 1, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section nine hundred and fifty-two of the penal law, L. 1909, as added by chapter four hundred and seventy-five of the laws : 952 of nineteen hundred and thirteen," is hereby amended to read as follows:

§ 952. False statement or advertisement as to securities. Any person, who, with intent to deceive, makes, issues or publishes,

causes to be made, issued or published, any statement or advertisement as to the value or as to facts affecting the value of the stocks, bonds or other evidences of debt of a corporation, company or association, or as to the financial condition or facts affecting the financial condition of any corporation, company or association which has issued, is issuing or is about to issue stocks, bonds or other evidences of debt, and who knows, or has reasonable ground to believe that any material représentation, prediction or promise made in such statement or advertisement is false, is guilty of a felony, punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than three years, or by both.

§ 2. This act shall take effect immediately.

or

CHAPTER 279
AN ACT to amend the penal law, in relation to the correction of an error in

enactment.
Became a law April 1, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section fourteen hundred and thirty-five of the penal L. 1909, law as enacted by chapter two hundred and sixty-five of the laws of nineteen hundred and eighteen is hereby renumbered to be renumsection twelve hundred and seventy-nine of said penal law. $ 1279.

§ 2. This act shall take effect immediately. 1 Word substituted for word "of."

ch. 88, $ 1435

bered

or

Subd. la
added to
L. 1909,
ch. 88.
§ 1425.
Malicious
injury.

CHAPTER 280
AN ACT to amend the penal law, in relation to destruction of timber on

certain mortgaged premises.
Became a law April 1, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section fourteen hundred and twenty-five of the penal law is hereby amended by inserting therein a new subdivision, to be subdivision one-a, to read as follows:

1-a. Without the written consent of the record owner of the mortgage, cuts down or removes, for other than domestic use thereon, any wood or timber standing upon premises covered by a duly recorded mortgage which contains a clause forbidding such cutting and removal of wood and timber; or,

§ 2. This act shall take effect September first, nineteen hundred and twenty-five.

In effect Sept. 1, 1925.

ch. 88,

amended.

CHAPTER 281
AN ACT to amend the penal law, in relation to taking, injuring and destroy.

ing trees, wild flowers and other vegetation growing on public and private

lands. Became a law April 1, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly,

do enact as follows: L. 1909, Section 1. The caption of section fourteen hundred and twenty. $ 1425,

five of the penal law is hereby amended to read as follows: Wilful caption or malicious injury to and taking, injuring or destroying property,

and desecration of the flag.1 Subds. 2, 3 § 2. Subdivisions two and three of such section fourteen hunamended.

dred and twenty-five of such chapter are hereby amended to read

as follows: Injury to

2. Cuts down, girdles or otherwise injures or destroys," a fruit,

shade or ornamental tree standing on the lands of another, 3or takes, Picking picks, plucks, severs, carries away, removes, injures or destroys trailing

any wild or cultivated trailing arbutus (epigaea repens) growing on the lands of the people of the state, or in any street, highway, public place or park belonging to or under the control of any

county, city, town or village; or, Severing 3.4 Severs from the freehold of another, or of the people of the

state, any produce thereof, or any thing attached thereto; or,

trees.

arbutus.

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from freehold of another,

1 Caption formerly read: Malicious injury to and destruction of property." 2 Words “ or destroys 3 Remainder of subd. 2 new. 4 The legislative bill, as originally introduced, sought to amend subds. 3, 4. However in course of passage through the legislature the bill was so amended as to leave these subdivisions to read as formerly.

new.

amended.

or

§ 3. Subdivision four of such section fourteen hundred and subd. 4 twenty-five of such chapter is hereby amended to read as follows:

4.4 Digs, takes, or carries away without lawful authority or con- Taking sent from any lot of land in any city or incorporated village, or stone from any lands included within the limits of a street or avenue laid from lot. down on the map of such city or village, or otherwise recognized or established, any earth, soil, or stone, or,

§ 4. This act shall take effect immediately.

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AN ACT to amend the penal law, in relation to the unauthorized use of

emblems on motor vehicles.

ch. 88, § 22 10, subd. 1 amended.

2

of

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Became a law April 1. 1925, with the approval of the Governor. Passed,

three-fifths being present. 그

The People of the State of New York, represented in Senate and Assembly, i do enact as follows:

Section 1. Subdivision one of section twenty-two hundred and Li 1909, forty of the penal law, is hereby amended to read as follows:

1. Any person who wilfully wears, or attaches to any motor vehicle, the badge, insignia, rosette or the button of the Grand uni Army of the Republic, the insignia, badge or rosette of the Military author

Order of the Loyal Legion of the United States or Military Order insignia, of Foreign Wars of the United States, or the badge or button of the certain United Spanish War Veterans, the Veterans of Foreign Wars of organizathe United States, the American Legion, the Military Order of the World War, or_the Order of Patrons of Husbandry, or the Benevolent and Protective Order of Elks of the United States of America, or the insignia or emblem of the Grand Lodge of Free and Accepted Masons of the State of New York, or of any society, order or organization, of ten years' standing in the state of New York, or uses the same to obtain aid or assistance within this state, or wilfully uses the name of any such society, order or organization, or the titles of its officers, or uses its insignia or emblems, or the forms or designs thereof, or its ritual or ceremonies, unless entitled to use or wear the same under the constitution and bylaws, rules and regulations of such order or of such society, order or organization, is guilty of a misdemeanor.

§ 2. This act shall take effect September first, nineteen hundred in effect and twenty-five.

4 The legislative bill, as originally introduced, sought to amend subds. 3, 4. However in course of passage through the legislature the bill was so amended as to leave these subdivisions to read as formerly.

1 As amended by L. 1914, ch. 149; L. 1915, ch. 320; L. 1919, ch. 418; L. 1921, chi 42; L. 1924, ch. 576. 2 Words or attaches to any motor vehicle,” new.

18

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Sept. 1 1925.

66

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