People v. Palmer

290 A.D.2d 358, 736 N.Y.S.2d 228, 2002 N.Y. App. Div. LEXIS 535

Opinion

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered September 15, 1999, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

The court properly sentenced defendant as a second felony offender. In determining that defendant’s Maryland conviction for distribution of cocaine is analogous to a New York felony conviction, the court properly relied on the accusatory instrument since the Maryland statute (Md Code Ann of 1957, art 27, § 286) renders criminal several acts which, if committed in New York, would not all be felonies (see, People v Gonzalez, 61 NY2d 586; People v Reilly, 273 AD2d 143, lv denied 95 NY2d 937). Concur — Nardelli, J.P., Tom, Sullivan, Ellerin and Rubin, JJ.