PEOPLE v. MUNIZ


74 N.Y.2d 464 (1989)

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

Court of Appeals of the State of New York.

Decided November 21, 1989.


Attorney(s) appearing for the Case

Steven M. Statsinger and Philip L. Weinstein for appellant.

Robert T. Johnson, District Attorney (Terence J. Sweeney and Susan L. Valle of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur with Judge TITONE; Judge BELLACOSA dissents and votes to affirm in a separate opinion.


TITONE, J.

Following his plea of guilty to the crime of attempted second degree burglary, defendant was adjudicated a second felony offender on the basis of a prior New Jersey burglary conviction. On this appeal, he contends that the lower courts erred in determining that the New Jersey crime of which he was convicted is the equivalent of a New York felony sufficient...

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