Opinion
November 11, 1942.
Present — Hill, P.J., Crapser, Bliss, Heffernan and Foster, JJ.
Appeal from an order dismissing a writ of habeas corpus. Petitioner-appellant pleaded guilty to an indictment charging attempted forgery, second degree. He was sentenced as a second offender. He had previously pleaded nolo contendere to an indictment found in the State of North Carolina charging him with the crime of breaking and entering and larceny. The North Carolina conviction sustains the action of the New York court in sentencing defendant as a second offender. ( People v. Daiboch, 265 N.Y. 125.) The suspension of sentence or a portion thereof in North Carolina did not exclude that crime from consideration. (Code Crim. Pro., § 470-b.) Order unanimously affirmed.