People v. Arroyo

*394At sentencing defendant was found to be a persistent violent felony offender. One of the felonies considered pursuant to Penal Law § 70.04 was a 1980 Florida burglary (Fla Stat Annot § 810.02) committed when defendant was 17 years old, and found by the sentencing court to include all of the essential elements of Penal Law § 140.25 (2), burglary in the second degree. There is no merit to defendant’s contention that this Florida conviction should have been considered a youthful offender adjudication, and thus not used as a predicate for multiple offender treatment. Florida’s youthful offender…