Opinion
March 16, 1995
Appeal from the Supreme Court, Bronx County (Joseph Mazur, J.).
Defendant was properly adjudicated a second felony offender upon the basis of his prior conviction for robbery, under Texas Penal Code § 29.02, the word "imminent" as used in that state being equivalent to the word "immediate" as used in Penal Law § 160.00 (see, Devine v. State, 786 S.W.2d 268, 270 [Tex]), and there thus being a New York analog at least to robbery in the third degree, a Class D felony (Penal Law § 160.05).
Concur — Murphy, P.J., Rosenberger, Rubin, Ross and Tom, JJ.