The following excerpt is from People v. Bellinger, 199 N.E. 213, 269 N.Y. 265 (N.Y. 1935):
would ever impose such an outrageous penalty for so slight an offense, but we are dealing here with a question of power and penalties in order to determine the grade or class of crime to which different procedure and methods of trial apply. People v. Lyon, 99 N.Y. 210, 1 N.E. 673. The fundamental distinction between felonies and misdemeanors rests with the penalty and the power of imprisonment. Section 2 of the Penal Law describes a felony as a crime punishable in a state prison, and a misdemeanor as any other crime.
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