People v. Shannon

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Defendant was sentenced, as a second felony offender, to a prison term of from two to four years after he pleaded guilty to criminal sale of a controlled substance in the fifth degree. On appeal, defendant argues that he was improperly sentenced as a second felony offender on the ground that non-Penal Law felonies cannot be considered predicate felonies for sentencing purposes under Penal Law § 70.06 (1) (b) (i). Defendant contends that the lower courts violated his equal protection rights by treating his…