Opinion
1285/13, 4758, 1281/13, 4757.
10-19-2017
The PEOPLE of the State of New York, Respondent, v. Kenneth BEACHUM, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Catherine M. Reno of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Catherine M. Reno of counsel), for respondent.
Judgments, Supreme Court, Bronx County (Martin Marcus. J.), rendered June 26, 2014, as amended December 13, 2016, convicting defendant, upon his pleas of guilty, of criminal possession of a forged instrument in the second degree and grand larceny in the third degree, and sentencing him, as a second felony offender, to an aggregate term of 2 ½ to 5 years, unanimously affirmed.
Defendant was properly adjudicated a second felony offender based upon a New Jersey drug conviction. The court properly consulted the accusatory instrument (see People v. Jurgins, 26 N.Y.3d 607, 613–614, 26 N.Y.S.3d 495, 46 N.E.3d 1048 [2015] ), which established that the predicate crime involved possession with intent to distribute heroin (see People v. Santiago, 143 A.D.3d 545, 39 N.Y.S.3d 435 [1st Dept.2016], lv. denied 28 N.Y.3d 1127, 51 N.Y.S.3d 23, 73 N.E.3d 363 [2016]; People v. West , 58 A.D.3d 483, 871 N.Y.S.2d 120, lv. denied 12 N.Y.3d 822, 881 N.Y.S.2d 30, 908 N.E.2d 938 [2009] ). We decline to revisit our prior holdings on this issue. MANZANET–DANIELS, J.P., MAZZARELLI, MOSKOWITZ, KAHN, KERN, JJ., concur.