PEOPLE v. DAVIS


135 A.D.2d 1088 (1987)

The People of the State of New York, Respondent, v. James A. Davis, Appellant

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

December 18, 1987


Judgment unanimously affirmed.

Memorandum:

Defendant was sentenced as a second felony offender on the basis of a prior conviction for burglary in the third degree in the State of Florida. He contends for the first time on appeal that the sentence is improper because the Florida conviction may not be a predicate felony conviction as defined by statute in New York (Penal Law § 70.06). At the time of sentencing, defendant acknowledged receipt of the formal...

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