Appellate Division of the Supreme Court of New York, 1960

People ex rel. Foreman v. Fay

People ex rel. Foreman v. Fay
Appellate Division of the Supreme Court of New York · Decided June 20, 1960
11 A.D.2d 723; 204 N.Y.S.2d 572; 1960 N.Y. App. Div. LEXIS 9140
People ex rel. Foreman v. Fay

Opinion of the Court

— -Appeal by the relator from an order of the Supreme Court, Dutchess County, entered June 24, 1959, dismissing, after a hearing, a writ of habeas corpus and remanding appellant to custody. Order affirmed, without costs. The relator was properly sentenced as a second felony offender on the basis of a prior conviction in Canada under a charge of breaking and entering a shop “ with intent to commit an indictable offense therein, to wit: the crime of theft”, in violation of section 461 of" the Criminal Code of Canada. Nolan, P. J,, Ughetta, Christ, Pette and Brennan, JJ., concur.

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