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PEOPLE v. ROSS

140 A.D.2d 555 (1988)

The People of the State of New York, Respondent, v. Gerald Ross, Appellant

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

May 16, 1988

Ordered that the judgment is affirmed.

The defendant raises on appeal the issue of whether he was properly sentenced as a second felony offender (Penal Law § 70.06 [1]; CPL 400.21 [7] [a]). The defendant had previously been convicted in Illinois for burglary upon his plea of guilty. The Illinois statute defines burglary to encompass conduct which would constitute a felony in New York as well as conduct which would constitute a misdemeanor in this State (see...

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