Judgment unanimously modified on the law and as modified affirmed and matter remitted to Cattaraugus County Court for resentencing in accordance with the following Memorandum: County Court erred in sentencing defendant as a second felony offender based upon two prior California convictions. Neither of those convictions constitutes a predicate felony conviction pursuant to Penal Law § 70.06. The California burglary statute under which defendant was convicted (see<...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
