PEOPLE v. FERMIN

As the People concede, since the Florida burglary statute under which defendant was previously convicted (Fla Stat Annot § 810.02) proscribes the entering or remaining in a dwelling, a structure or a conveyance with the intent to commit an "offense" therein, the term "offense" meaning, among other things, a "`noncriminal violation' * * * punishable * * * by no other penalty than a fine, forfeiture, or other civil penalty" (Fla Stat Annot § 775.08), it includes conduct that is not a felony under its closest New York felony analog (Penal Law § 140.20), which requires the intent to commit a "crime", defined in both New York and Florida as a felony or a misdemeanor (Penal Law § 10.00; Fia Stat Annot § 775.08 [4]), and thus such prior conviction should not have been the basis for a predicate felon adjudication ( People v Muniz, 74 NY2d 464).