People v. Francis

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Cattaraugus County Court for resentencing in accordance with the following Memorandum: County Court erred in sentencing defendant as a second felony offender based upon two prior California convictions. Neither of those convictions constitutes a predicate felony conviction pursuant to Penal Law § 70.06. The California burglary statute under which defendant was convicted (see, Cal Penal Code § 459) has no New York felony equivalent (see, People v Lockwood, 186 AD2d 985). Assault with intent to commit rape…