Abney v. State

OPINION OF THE COURT

Donald J. Corbett, Jr., J.

Claimant was convicted of a misdemeanor (assault in the third degree) and a felony (burglary in the second degree). At sentencing the District Attorney alleged that claimant was a second felony offender (Penal Law § 70.06 [1] [b] [i]), based upon claimant’s conviction in 1970 for violation of the Uniform Firearms Act of Pennsylvania. Claimant argued that this prior conviction was not a felony, and thus could not serve as the predicate felony triggering the statute.

The sentencing court rejected this argument and in December 1978 sentenced claimant…