People v. Heath

An indictment found by the grand jury of the county of New York charged defendant under section 408 of the Penal Law with the commission of a felony, in that he possessed burglars’ tools with the intent of using or allowing others to use them and in that prior thereto he had been convicted in this county of the crime of burglary in the third degree, which was a felony (Penal Law, § 407, as amd. by Laws of 1926, chap. 436, since amd. by Laws of 1932, chap. 275) punishable by imprisonment for a term not exceeding ten years. Defendant pleaded guilty.

The appeal here is taken, under section 518 of…