United States of America Ex Rel. David Cyril Read, Relator-Appellant v. Walter B. Martin, Warden of Attica Prison, Attica, N.Y.

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…