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UNITED STATES v. MARTIN

No. 172, Docket 25340.

263 F.2d 606 (1959)

UNITED STATES of America ex rel. David Cyril READ, Relator-Appellant, v. Walter B. MARTIN, Warden of Attica Prison, Attica, N. Y., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided February 4, 1959.

Attorney(s) appearing for the Case

David Cyril Read, pro se.

Allan N. Smiley, Asst. Atty. Gen. of the State of New York, New York City (Louis J. Lefkowitz, Atty. Gen., New York City, Paxton Blair, Sol. Gen., Albany, N. Y., and Samuel A. Hirshowitz, Asst. Sol. Gen. of the State of New York, New York City, on the brief), for respondent-appellee.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and GIBSON, District Judge.

PER CURIAM.

Relator, convicted in 1954 on a plea of guilty to a felony charge in a New York state court, attacks his sentence as a second offender based upon his conviction of robbery in the Magistrate's Court, Toronto, Ontario, Canada, in 1950. He does not allege that the Canadian procedures which resulted in his conviction were in any way improper or violative of due process, but takes the formal position that New York cannot thus make use of a judgment of a foreign...

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