People v. Martin

This is an application by defendant to be resentenced as a first felony offender. The defendant pleaded guilty to the crime of an attempt to feloniously possess a narcotic drug under indictment No. 2222/56 to cover two other indictments, for which he was sentenced to State prison for a term of three to five years as a second felony offender. The prior conviction on which the second felony sentence is bottomed is a Texas conviction for the crime of burglary.

The defendant claims that the Texas conviction is not a felony under the laws of New York and hence section 1941 of the Penal Law does not…