Opinion
March 3, 1986
Appeal from the Supreme Court, Kings County (Pizzuto, J.).
Judgment affirmed.
Viewed in the light most favorable to the People, the evidence was sufficient to prove the defendant's guilt of the crime of burglary in the third degree beyond a reasonable doubt (see, Jackson v. Virginia, 443 U.S. 307; People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932).
We also find that the defendant was properly adjudicated a second felony offender based upon a 1976 conviction for burglary in the State of Pennsylvania. The statutory elements of the Pennsylvania burglary statute are virtually identical to the elements which constitute the offense of burglary in the third degree under the New York Penal Law (see, Pa Stats Ann, tit 18, § 3502; Penal Law § 140.20). Therefore, the defendant's act would constitute a felony under the laws of New York. In addition, the authorized permissible sentence under Pennsylvania law for the crime of which the defendant was convicted was 20 years (see, Pa Stats Ann, tit 18, § 1103 [1]). As such, the statutory requirements upon which second felony offender status may be established were proven in this case and the defendant was properly adjudicated a second felony offender (see, Penal Law § 70.06).
The other issues raised by the defendant are either unpreserved for review or meritless. Gibbons, J.P., Thompson, Brown and Weinstein, JJ., concur.