PEOPLE v. FERMIN


231 A.D.2d 436 (1996)

647 N.Y.S.2d 202

The People of the State of New York, Respondent, v. Juan Fermin, Appellant

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

September 17, 1996


As the People concede, since the Florida burglary statute under which defendant was previously convicted (Fla Stat Annot § 810.02 [1]) proscribes the entering or remaining in a dwelling, a structure or a conveyance with the intent to commit an "offense" therein, the term "offense" meaning, among other things, a "`noncriminal violation' * * * punishable * * * by no other penalty than a fine, forfeiture, or other civil penalty" (Fla Stat Annot § 775.08 [3]), it includes...

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