After a jury trial, petitioner was convicted of a number of crimes, including criminal possession of a weapon in the third degree and burglary in the second degree. In this proceeding, he claims that he was improperly sentenced as a persistent felon because a California burglary conviction, which was relied upon in sentencing him as a persistent felony offender, may not be considered for purposes of enhancing a sentence in New York. We agree with Supreme Court that habeas...
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