New York Court of Appeals
The People of the State of New York v. Albion Muniz
November 21, 198974 N.Y.2d 464
Summary
The New York Court of Appeals reversed the Appellate Division, holding that a New Jersey third‑degree burglary conviction is not the equivalent of a New York felony for purposes of Penal Law § 70.06 and that the foreign accusatory instrument may not be considered. Accordingly, the defendant's second‑felony offender adjudication was vacated and his sentence reduced to one to three years. Justice Bellacosa dissented, arguing that the foreign statute and instrument satisfy the exception and support the enhanced sentence.