People v. Roach

Appellate Division of the Supreme Court of New York

People v. Roach

255 A.D.2d 164, 680 N.Y.S.2d 791, 1998 N.Y. App. Div. LEXIS 11892

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

DecidedNovember 12, 1998

StatusPublished

Cited by2 cases

This text of 255 A.D.2d 164 (People v. Roach) 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. Roach, 255 A.D.2d 164, 680 N.Y.S.2d 791, 1998 N.Y. App. Div. LEXIS 11892 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered October 21, 1997, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant was properly sentenced as a second felony offender. We adhere to our prior holding that the unavailability of the agency defense in a foreign jurisdiction has no bearing on whether a foreign felony qualifies as the equivalent of a New York felony (see, People v Lee, 251 AD2d 161; People v Searvance, 236 AD2d 306, lv denied 89 NY2d 1041; People v Rexach, 220 AD2d 362). Concur — Milonas, J. P., Rosenberger, Williams, Tom and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered October 21, 1997, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant was properly sentenced as a second felony offender. We adhere to our prior holding that the unavailability of the agency defense in a foreign jurisdiction has no bearing on whether a foreign felony qualifies as the equivalent of a New York felony (see, People v Lee, 251 AD2d 161; People v Searvance, 236 AD2d 306, lv denied 89 NY2d 1041; People v Rexach, 220 AD2d 362). Concur — Milonas, J. P., Rosenberger, Williams, Tom and Saxe, JJ.

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Bluebook (online)

255 A.D.2d 164, 680 N.Y.S.2d 791, 1998 N.Y. App. Div. LEXIS 11892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roach-nyappdiv-1998.

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