People ex rel. Foreman v. Fay
People ex rel. Foreman v. Fay
11 A.D.2d 723; 204 N.Y.S.2d 572; 1960 N.Y. App. Div. LEXIS 9140
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.