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People v. Rhyne

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1987
135 A.D.2d 843 (N.Y. App. Div. 1987)

Opinion

December 28, 1987

Appeal from the County Court, Westchester County (Plumadore, J.).


Ordered that the judgment is affirmed.

The defendant contends, inter alia, that he was improperly adjudicated a predicate felony offender based upon his Federal conviction, in 1975, for the crime of interstate transportation of forged securities under 18 U.S.C. § 2314. We disagree.

In People v Gonzalez ( 61 N.Y.2d 586, 589), the Court of Appeals declared that in order "[t]o determine whether a foreign crime is equivalent to a New York felony the court must examine the elements of the foreign statute and compare them to an analogous Penal Law felony, for `[i]t is the statute upon which the indictment was drawn that necessarily defines and measures the crime' (see People v Olah, 300 N.Y. 96, 98)".

We find, contrary to the defendant's contentions, that the elements of the Federal statute under which he pleaded guilty are analogous to the New York felony of criminal possession of a forged instrument in the second degree (Penal Law § 170.25), for purposes of determining the defendant's status as a predicate felon.

Accordingly, since the proscribed activity engaged in by the defendant, to wit, transporting forged securities in interstate commerce, would have constituted a felony had the conduct occurred exclusively in New York State, the sentencing court properly adjudicated him a predicate felony offender.

We have examined the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Rubin, Eiber and Sullivan, JJ., concur.


Summaries of

People v. Rhyne

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1987
135 A.D.2d 843 (N.Y. App. Div. 1987)
Case details for

People v. Rhyne

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARCHIE RHYNE, Appellant

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

Date published: Dec 28, 1987

Citations

135 A.D.2d 843 (N.Y. App. Div. 1987)