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

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 Stat 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.