People v. Perkins

Froessel, J. (dissenting).

Appellant was adjudged and sentenced as a second felony offender on the basis of a prior North Carolina conviction for the crime of manslaughter. In this coram nobis proceeding, he challenges the use of that conviction as a predicate for second felony offender treatment in this State.

In my opinion, appellant has successfully demonstrated that there are material differences between the definition of the crime of manslaughter under New York law (Penal Law, §§ 1049,1055) and North Carolina law (governed by its common law since it has no statute; State v. Benson, 183 N.…