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People v. Wimberly

Appellate Division of the Supreme Court of New York, Third Department
Jul 3, 1997
241 A.D.2d 565 (N.Y. App. Div. 1997)

Opinion

July 3, 1997

Appeal from the County Court of Columbia County (Leaman, J.).


Defendant contends that his conviction of a crime in Florida was improperly invoked as the ground upon which he was sentenced as a second felony offender. We disagree. In order for an out-of-State conviction to qualify an individual as a second felony offender, the offense must carry a sentence of over one year in prison and must be comprised of elements which would constitute a felony in this State, punishable by a sentence of over one year (see, People v. Sailor, 65 N.Y.2d 224, 237; People v. Gonzalez, 61 N.Y.2d 586, 589). Defendant's conviction in Florida of the crime of solicitation to deliver cocaine (Fla Stat § 893.13 [a]), satisfies these criteria. It is a felony punishable by up to 15 years in prison and its elements are analogous to those of Penal Law § 220.06 (1), criminal possession of a controlled substance in the third degree, a class D felony, punishable by a minimum prison sentence of 1 to 3 years. We conclude that under the circumstances presented here, defendant was properly sentenced as a second felony offender. His remaining contentions have been examined and found to be without merit.

Cardona, P. J., Mikoll, Crew III, Peters and Spain, JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Wimberly

Appellate Division of the Supreme Court of New York, Third Department
Jul 3, 1997
241 A.D.2d 565 (N.Y. App. Div. 1997)
Case details for

People v. Wimberly

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY G. WIMBERLY…

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

Date published: Jul 3, 1997

Citations

241 A.D.2d 565 (N.Y. App. Div. 1997)
659 N.Y.S.2d 559

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