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People ex rel. Newman v. Foster

271 A.D.2d 808 Court N.Y. App. Div. Decision date 1946-10-03 English

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p. 808
The People of the State of New York ex rel. Eddy Newman, Appellant, against John F. Foster, as Warden of Auburn State Prison, Respondent.

Order affirmed, without costs of this appeal to either party. Memorandum: Relator admitted that he had been convicted of a felony prior to a conviction in New Jersey. This being the case, if the New Jersey crime had been committed in New York, it would have been a felony. All concur. (The order dismisses a writ of habeas corpus and remands relator to the custody of defendant.) Present — Taylor, P. J., Dowling, Harris, McCurn and Love, JJ. [See post, p. 862.]