People v. Sanchez

211 A.D.2d 537, 621 N.Y.S.2d 344, 1995 N.Y. App. Div. LEXIS 515

Opinion

Judgment, Supreme Court, New York County (George Roberts, J.), rendered November 13, 1992, convicting defendant, upon his guilty plea, of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The court properly relied upon defendant’s prior military conviction for the distribution of cocaine as a predicate felony for the purposes of enhancing his sentence (Penal Law § 70.06 [1] [b] [i]; see, People v Muniz, 74 NY2d 464, 467), since the elements of the military statute regarding distribution of narcotics (Uniform Code of Military Justice art 112a [10 USC § 912a]) are equivalent to those of the New York felony of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]; see, People v Gonzalez, 61 NY2d 586, 589). For the purposes of determining the nature of predicate offenses, only the elements of the predicate crime are significant, and any defenses are irrelevant (see, People v Pinella, 137 Misc 2d 701, affd 143 AD2d 1072, lv denied 73 NY2d 925). Concur—Murphy, P. J., Rosenberger, Williams and Tom, JJ.