People v. Rogoski

Appellate Division of the Supreme Court of New York

People v. Rogoski

7 A.D.3d 397, 776 N.Y.S.2d 472, 2004 N.Y. App. Div. LEXIS 6972

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

DecidedMay 18, 2004

StatusPublished

This text of 7 A.D.3d 397 (People v. Rogoski) 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. Rogoski, 7 A.D.3d 397, 776 N.Y.S.2d 472, 2004 N.Y. App. Div. LEXIS 6972 (N.Y. Ct. App. 2004).

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Opinion

[398]*398Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered January 22, 2003, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, unanimously affirmed.

The court properly sentenced defendant as a second felony offender based on his North Carolina forgery conviction (NC Gen Stat § 14-119 [a]). An examination of the elements of the foreign statute reveals that they are analogous to those of the New York felony forgery statutes, and that there is no conduct that would violate the foreign statute but only constitute a misdemeanor in New York. Specifically, all of the types of financial and governmental instruments listed in the North Carolina statute easily fall within the broad category of commercial or other legally significant or valuable instruments described in Penal Law §§ 170.10 and 170.15. Concur—Nardelli, J.P., Tom, Ellerin and Williams, JJ.

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[398]*398Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered January 22, 2003, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, unanimously affirmed.

The court properly sentenced defendant as a second felony offender based on his North Carolina forgery conviction (NC Gen Stat § 14-119 [a]). An examination of the elements of the foreign statute reveals that they are analogous to those of the New York felony forgery statutes, and that there is no conduct that would violate the foreign statute but only constitute a misdemeanor in New York. Specifically, all of the types of financial and governmental instruments listed in the North Carolina statute easily fall within the broad category of commercial or other legally significant or valuable instruments described in Penal Law §§ 170.10 and 170.15. Concur—Nardelli, J.P., Tom, Ellerin and Williams, JJ.

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Bluebook (online)

7 A.D.3d 397, 776 N.Y.S.2d 472, 2004 N.Y. App. Div. LEXIS 6972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rogoski-nyappdiv-2004.

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