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PEOPLE v. MUNIZ

144 A.D.2d 242 (1988)

The People of the State of New York, Respondent, v. Albion Muniz, Appellant

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

November 1, 1988

The sole issue on appeal is the propriety of sentencing defendant as a predicate felony offender. Defendant contends that neither of his New Jersey burglary convictions, upon which the People rely, qualifies as a predicate felony conviction because the underlying crime would not constitute a felony under New York law. The New Jersey burglary statute provides, in pertinent part,

"[a] person is guilty of burglary if, with purpose to commit an offense therein he:

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