People ex rel. Blumke v. Foster

Loughbae, Ch. J.

In this habeas corpus proceeding, Special Term dismissed the writ. The Appellate Division affirmed and the case is now here by our leave. We shall refer to the relator-appellant as the defendant.

*433In December, 1937, a grand jury sitting with the County Court of Kings County returned an indictment charging him with having possessed burglar’s instruments as a felony. Such possession without more is a misdemeanor but is a felony when the defendant has been previously convicted of any crime (Penal Law, §§ 2, 408). As a basis for the present felony charge, this indictment alleged a…