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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 1984
102 A.D.2d 894 (N.Y. App. Div. 1984)

Opinion

June 25, 1984


Appeal by defendant from a judgment of the County Court, Westchester County (McMahon, J.), rendered February 2, 1982, convicting him of rape in the first degree, sodomy in the first degree, sexual abuse in the first degree, and robbery in the second degree, upon a jury verdict, and imposing sentence. ¶ Judgment affirmed. ¶ Defendant was properly adjudicated a second felony offender pursuant to section 70.06 (subd 1, par [b], cl [i]) of the Penal Law based upon his 1978 conviction for robbery in Georgia. Examination of the Georgia indictment, permissible because the relevant Georgia statute (Georgia Criminal Code, § 26-1901) "renders criminal not one act but several acts which, if committed in New York, would in some cases be felonies and in others would constitute only misdemeanors (see People ex rel. Goldman v. Denno, 9 N.Y.2d 138, 140; People ex rel. Gold v Jackson, 5 N.Y.2d 243)" ( People v. Gonzalez, 61 N.Y.2d 586, 590-591), indicates that the acts charged would clearly constitute a felony in this State (Penal Law, § 155.30, 155.40 Penal, 160.05 Penal). ¶ We have reviewed the other contentions and find that they are without merit and do not warrant discussion. Titone, J.P., Lazer, Mangano and O'Connor, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 1984
102 A.D.2d 894 (N.Y. App. Div. 1984)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW BROWN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 25, 1984

Citations

102 A.D.2d 894 (N.Y. App. Div. 1984)

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