Appellate Division of the Supreme Court of the State of New York December 9, 1932 (People v. Heath)

lead-opinion

Sherman, J.

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