Peoplev.Britton

Appellate Division of the Supreme Court of New York, Second DepartmentOct 17, 1994
619 N.Y.S.2d 280 (N.Y. App. Div. 1994)
619 N.Y.S.2d 280208 A.D.2d 761

October 17, 1994

Appeal from the Supreme Court, Kings County (Meyer, J.).


Ordered that the judgment is affirmed.

Prior to his commission of the present felony offense, the defendant had been previously convicted of the felony of criminal possession of a weapon in the third degree (see, People v Britton, 208 A.D.2d 761 [decided herewith]). Accordingly, we find no merit to the defendant's contention on appeal that he was improperly sentenced as a second felony offender (Penal Law § 60.05). Bracken, J.P., Lawrence, Santucci and Goldstein, JJ., concur.