Appellant's prior conviction in Maryland was under an indictment charging the felonious commission of the burglary of an occupied dwelling house and a statute which makes it felonious to break and enter any dwelling house with intent to commit a felony therein (Code Md. Ann., art. 27, § 30). Such an act if committed in New York would have constituted burglary in the third degree, a felony (former Penal Law, § 404; see People...
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