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PEOPLE EX REL. LATRAVERSE v. JACKSON

284 A.D. 822 (1954)

The People of the State of New York ex rel. Armand Latraverse, Appellant, v. J. Vernel Jackson, as Warden of Clinton State Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 8, 1954.

Appellant was convicted of attempted robbery, third degree, and was sentenced as a third offender. The two previous convictions were in Canada. One was in 1942 for the crime of breaking and entering a store and stealing property therein "contrary to the Criminal Code of Canada". The relevant section of the Criminal Code of Canada seems to be section 461. While the certificate of conviction does not refer to intent, section 461 requires that the breaking and entering be accompanied...

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