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People v. Palmer

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 2002
290 A.D.2d 358 (N.Y. App. Div. 2002)

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. Donald

Opinion

26

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


Summaries of

People v. Palmer

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 2002
290 A.D.2d 358 (N.Y. App. Div. 2002)

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. Donald
Case details for

People v. Palmer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DEVALE PALMER…

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

Date published: Jan 24, 2002

Citations

290 A.D.2d 358 (N.Y. App. Div. 2002)
736 N.Y.S.2d 228

Citing Cases

People v. Donald

( People v. Muniz, supra, at p. 468). In People v. Palmer, 290 AD2d 358, lv. to appeal denied, 98 NY2d 639…