People v. Banks
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Coffinas, J.), rendered October 27, 1992, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant was convicted of breaking or entering a building with the intent to commit a felony or larceny therein (NC Gen Stats § 14-54 [a]) in the State of North Carolina in 1987. Such an act would constitute a degree of burglary in New York, all forms of which are felonies here (People v Parker, 41 NY2d 21, 24-25).…
2Cases cited2 opinions
- Am Knitwear v. Exp.-Imp.New York Court of Appeals · 1976
- People v. AtkinsonAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by2 opinions
- People v. SylvesterAppellate Division of the Supreme Court of the State of New York · 2020
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2006