PEOPLE EX REL. McGOURTY v. SENKOWSKI


213 A.D.2d 954 (1995)

624 N.Y.S.2d 308

The People of the State of New York ex rel. James E. McGourty, Appellant, v. Daniel Senkowski, as Superintendent of Clinton Correctional Facility, et al., Respondents

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

March 30, 1995


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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