1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 11 A.D.2d
  5. 11 A.D.2d 92 (1960)
 

PEO. EX REL. HADLEY v. N.Y.S. DEPT. OF CORREC.

11 A.D.2d 92 (1960)

The People of the State of New York ex rel. James Hadley, Appellant, v. New York State Department of Correction, Respondent

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

July 1, 1960.

Attorney(s) appearing for the Case

James Hadley, appellant in person.

Louis J. Lefkowitz, Attorney-General (Paxton Blair and William S. Elder, Jr., of counsel), for respondent.

All concur, except McCLUSKY, J., who dissents and votes for affirmance, in a separate opinion. Present — BASTOW, J. P., GOLDMAN, HALPERN and McCLUSKY, JJ.

MEMORANDUM BY THE COURT.

The conviction of the relator of the crime of burglary in Texas cannot be treated as the equivalent of a felony conviction in this State, for the purpose of applying section 219 of the Correction Law. Under the Texas statute (Penal Code of Texas, art. 1394), the word "breaking" is defined as including "the entry at a chimney, or other unusual place". The decisional law of Texas is to the effect that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases