People v. Balls

Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered August 18, 1982, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

Defendant was indicted by an Albany County Grand Jury and charged with four counts of second degree burglary. He pleaded *982guilty to one count of second degree burglary in full satisfaction of the indictment and was sentenced, as a second felony offender, to an indeterminate prison term of 1 to 4 years. Defendant now appeals, contending that the second felony offender statute (Penal Law, § 70.06) is…