People v. Quinones

Appellate Division of the Supreme Court of New York

People v. Quinones

225 A.D.2d 476, 639 N.Y.2d 799, 639 N.Y.S.2d 799, 1996 N.Y. App. Div. LEXIS 3183

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

DecidedMarch 26, 1996

StatusPublished

This text of 225 A.D.2d 476 (People v. Quinones) 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. Quinones, 225 A.D.2d 476, 639 N.Y.2d 799, 639 N.Y.S.2d 799, 1996 N.Y. App. Div. LEXIS 3183 (N.Y. Ct. App. 1996).

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Opinion

As defendant failed to controvert his predicate felony status at the predicate felony hearing, any question concerning whether his New Jersey conviction for possession of a controlled dangerous substance with intent to distribute is equivalent to a felony conviction in New York is unpreserved for appellate review as a matter of law (People v Perez, 203 AD2d 123, 124, lv denied 83 NY2d 970). In any event, based upon the record before this Court, the relevant New Jersey statute (NJ [477]*477Stat Annot § 24:21-19 [a] [1]) is equivalent to criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]), a class B felony (see, People v Muniz, 74 NY2d 464, 467-468). Concur — Milonas, J. P., Wallach, Ross and Mazzarelli, JJ.

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As defendant failed to controvert his predicate felony status at the predicate felony hearing, any question concerning whether his New Jersey conviction for possession of a controlled dangerous substance with intent to distribute is equivalent to a felony conviction in New York is unpreserved for appellate review as a matter of law (People v Perez, 203 AD2d 123, 124, lv denied 83 NY2d 970). In any event, based upon the record before this Court, the relevant New Jersey statute (NJ [477]*477Stat Annot § 24:21-19 [a] [1]) is equivalent to criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]), a class B felony (see, People v Muniz, 74 NY2d 464, 467-468). Concur — Milonas, J. P., Wallach, Ross and Mazzarelli, JJ.

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Bluebook (online)

225 A.D.2d 476, 639 N.Y.2d 799, 639 N.Y.S.2d 799, 1996 N.Y. App. Div. LEXIS 3183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-quinones-nyappdiv-1996.

Opinion

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