People v. Horne

Appellate Division of the Supreme Court of New York

People v. Horne

18 A.D.3d 282, 794 N.Y.S.2d 641, 2005 N.Y. App. Div. LEXIS 5190

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 12, 2005

StatusPublished

Cited by1 cases

This text of 18 A.D.3d 282 (People v. Horne) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Horne, 18 A.D.3d 282, 794 N.Y.S.2d 641, 2005 N.Y. App. Div. LEXIS 5190 (N.Y. Ct. App. 2005).

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Opinion

Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered October 14, 2003, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a second felony offender, to a term of three years, unanimously affirmed.

Defendant was properly sentenced as a second felony offender. In determining that defendant’s West Virginia conviction for delivery of a controlled substance was analogous to a New York felony conviction, the court properly consulted the accusatory instrument since the statute (W Va Code § 60A-4-401 [a] [i]) criminalizes several acts which, if committed in New York, would not all be felonies (see People v Gonzalez, 61 NY2d 586, 590-591 [1984]). In light of that accusatory instrument, defendant’s guilty plea in West Virginia necessarily constituted an admission of guilt of the equivalent of a New York felony. Defendant’s remaining arguments are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Andrias, J.P., Sullivan, Gonzalez, Sweeny and Catterson, JJ.

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Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered October 14, 2003, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a second felony offender, to a term of three years, unanimously affirmed.

Defendant was properly sentenced as a second felony offender. In determining that defendant’s West Virginia conviction for delivery of a controlled substance was analogous to a New York felony conviction, the court properly consulted the accusatory instrument since the statute (W Va Code § 60A-4-401 [a] [i]) criminalizes several acts which, if committed in New York, would not all be felonies (see People v Gonzalez, 61 NY2d 586, 590-591 [1984]). In light of that accusatory instrument, defendant’s guilty plea in West Virginia necessarily constituted an admission of guilt of the equivalent of a New York felony. Defendant’s remaining arguments are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Andrias, J.P., Sullivan, Gonzalez, Sweeny and Catterson, JJ.

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Bluebook (online)

18 A.D.3d 282, 794 N.Y.S.2d 641, 2005 N.Y. App. Div. LEXIS 5190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-horne-nyappdiv-2005.

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