People v. Reifer

Appellate Division of the Supreme Court of New York

People v. Reifer

23 A.D.2d 874, 259 N.Y.S.2d 279, 1965 N.Y. App. Div. LEXIS 4245

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

DecidedMay 10, 1965

StatusPublished

Cited by1 cases

This text of 23 A.D.2d 874 (People v. Reifer) 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. Reifer, 23 A.D.2d 874, 259 N.Y.S.2d 279, 1965 N.Y. App. Div. LEXIS 4245 (N.Y. Ct. App. 1965).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered August 7, 1963 on his plea of guilty, convicting him of attempted violation of subdivision 3 of section 1751 [875]*875of the Penal Law (relating to narcotic drugs), and resentencing him as a second felony offender. Judgment affirmed. Defendant’s sole contention is that he should have been sentenced as a first felony offender because his prior Federal conviction for selling, dispensing and distributing narcotic drugs, in violation of the Federal law (U. S. Code, tit. 26, §§ 4701,-4703, 4704a, 4771a, 7237a), was not of felony grade. In our opinion, the defendant’s earlier Federal conviction was properly counted as a prior felony offense, and the elements of “dispensing and distributing” narcotic drugs, charged therein, were acts which would also be felonious, if committed in this jurisdiction {People v. Garland, 20 A D 2d 822). Christ, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered August 7, 1963 on his plea of guilty, convicting him of attempted violation of subdivision 3 of section 1751 [875]*875of the Penal Law (relating to narcotic drugs), and resentencing him as a second felony offender. Judgment affirmed. Defendant’s sole contention is that he should have been sentenced as a first felony offender because his prior Federal conviction for selling, dispensing and distributing narcotic drugs, in violation of the Federal law (U. S. Code, tit. 26, §§ 4701,-4703, 4704a, 4771a, 7237a), was not of felony grade. In our opinion, the defendant’s earlier Federal conviction was properly counted as a prior felony offense, and the elements of “dispensing and distributing” narcotic drugs, charged therein, were acts which would also be felonious, if committed in this jurisdiction {People v. Garland, 20 A D 2d 822). Christ, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

23 A.D.2d 874, 259 N.Y.S.2d 279, 1965 N.Y. App. Div. LEXIS 4245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reifer-nyappdiv-1965.

Opinion

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