PEOPLE v. FRANQUI


121 A.D.2d 160 (1986)

The People of the State of New York, Respondent, v. Alejandro Franqui, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 3, 1986


Following a hearing, defendant was sentenced as a second felony offender on the basis of a prior 1974 Florida conviction for breaking and entering. The sole issue raised by appellant is his claim that he should not have been sentenced as a predicate felon because his conviction on a plea of guilty to breaking and entering in Florida, in violation of the Florida burglary statute (Fla Stats Ann former § 810.05), was not for a crime that would be a felony in New York. To...

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