People v. Abney

Judgment unanimously modified, on the law, by vacating the sentence imposed and, as modified, affirmed and matter remitted to Supreme Court, Monroe *1002County, for resentencing. Memorandum: The question is whether defendant’s 1970 conviction in Pennsylvania for the crime of "Violation of the Uniform Firearms Act” can serve as a predicate felony for sentencing the defendant in New York as a second felony offender.

The New York second felony offender statute (Penal Law § 70.06 [1] [b] [i]) provides that to be a predicate felony conviction, the out-of-State conviction must have been (1) "of an…