Opinion
June 20, 1960
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.