People v. Dippolito

OPINION OF THE COURT

Niehoff, J.

The issue on these appeals is whether the sentencing court properly used the defendant’s 1972 California burglary conviction as a predicate offense for second felony offender treatment in light of the fact that at the time of his sentencing in this State said burglary conviction was denominated a misdemeanor under California law. We hold that it did.

By two separate indictments defendant was charged with the crimes of robbery in the first degree, robbery in the second degree, grand larceny in the third degree, criminal possession of a weapon in the second degree…