Opinion · Court of Appeals for the Second Circuit
United States of America Ex Rel. David Cyril Read, Relator-Appellant v. Walter B. Martin, Warden of Attica Prison, Attica, N.Y.
263 F.2d 606
- Type
- Opinion
- Court
- Court of Appeals for the Second Circuit
- Jurisdiction
- Federal
- Date
- 1959-02-04
- Topic
- international-arbitration
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 country, asserting also that the court is not one of record, that the offense is not shown to be a felony, and that the information was insufficient. Respondent contends that relator has not exhausted all other remedies available to him. We prefer, however, to put our decision on broad grounds.
Citator
UpLaw has not yet analyzed United States of America Ex Rel. David Cyril Read, Relator-Appellant v. Walter B. Martin, Warden of Attica Prison, Attica, N.Y.. The absence of a flag is not a finding that it is good law.
- Cited by
- 5 opinions
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.
Judge Morgan's reasoned memorandum decision,170 F. Supp. 415, takes this same ground. It appears that meanwhile relator had pressed other attacks, state and federal, attempting to raise the same issues. Under the circumstances the grant of a certificate of probable cause, enabling relator to appeal, appears to have been improvident, merely stimulating him to renewed efforts doomed to fail. Under the circumstances appointment of counsel to present again issues upon which we have already ruled definitely would put an entirely inappropriate burden upon generous officers of the court.
Affirmed.Page 608