Opinion
November 12, 1998
Appeal from the Supreme Court, New York County (Herbert Adlerberg, J.).
Defendant was properly sentenced as a second felony offender. We adhere to our prior holding that the unavailability of the agency defense in a foreign jurisdiction has no bearing on whether a foreign felony qualifies as the equivalent of a New York felony ( see, People v. Lee, 251 A.D.2d 161; People v. Searvance, 236 A.D.2d 306, lv denied 89 N.Y.2d 1041; People v. Rexach, 220 A.D.2d 362).
Concur — Milonas, J. P., Rosenberger, Williams, Tom and Saxe, JJ.