Summary
In People v. Palmer, 290 AD2d 358, lv. to appeal denied, 98 NY2d 639 (2002), the First Department ruled on this issue as it applied to the defendant's Maryland conviction pursuant Md. Code Annot, art. 27, § 286a, the statute at issue here.
Summary of this case from People v. DonaldOpinion
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January 24, 2002
Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered September 15, 1999, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed
DAVID AARON, for Respondent,
LAURA BOYD, for Defendant-Appellant
Before: Nardelli, J.P., Tom, Sullivan, Ellerin, Rubin, JJ
The court properly sentenced defendant as a second felony offender. In determining that defendant's Maryland conviction for distribution of cocaine is analogous to a New York felony conviction, the court properly relied on the accusatory instrument since the Maryland statute (Md Code Annot, art 27, § 286) renders criminal several acts which, if committed in New York, would not all be felonies (see, People v. Gonzalez, 61 N.Y.2d 586; People v. Reilly, 273 A.D.2d 143, lv denied 95 N.Y.2d 937)
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT