PEOPLE EX REL. KILDARE v. JACKSON


8 A.D.2d 876 (1959)

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

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

June 9, 1959


On April 24, 1956 the relator was convicted of feloniously possessing a narcotic drug with intent to sell and feloniously possessing a narcotic drug. He was sentenced as a second felony offender after admitting, as charged in an information filed by the District Attorney, that he had been previously convicted of attempted felonious possession of a narcotic drug. The relator is attacking the validity of his sentencing as a second felony offender on the ground that his first...

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