People v. Weiber

Appellate Division of the Supreme Court of New York

People v. Weiber

292 A.D.2d 231, 738 N.Y.S.2d 571, 2002 N.Y. App. Div. LEXIS 2469

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

DecidedMarch 14, 2002

StatusPublished

This text of 292 A.D.2d 231 (People v. Weiber) 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. Weiber, 292 A.D.2d 231, 738 N.Y.S.2d 571, 2002 N.Y. App. Div. LEXIS 2469 (N.Y. Ct. App. 2002).

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Opinion

Judgment, Supreme Court, New York County (Renee White, J.), rendered December 14, 1999, convicting defendant, upon his plea of guilty, of forgery in the second degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant was properly adjudicated a second felony offender since he was convicted in Virginia of two crimes, each of which was equivalent to a New York felony. Defendant’s conviction of credit card theft under Virginia Code Annotated § 18.2-192, as that statute is interpreted by the courts of Virginia (see, Cheatham v Commonwealth, 215 Va 286, 290), is the equivalent of a New York conviction of grand larceny in the fourth degree under Penal Law § 155.30 (4). Defendant’s specific argument concerning his conviction of credit card forgery under Virginia Code Annotated § 18.2-193 is unpreserved (see, People v Samms, 95 NY2d 52, 58), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the Virginia certificate of conviction clearly establishes that defendant was convicted of the equivalent of forgery in the second degree under Penal Law § 170.10 (1) (see, People v Muniz, 74 NY2d 464). Concur — Mazzarelli, J.P., Andrias, Sullivan, Buckley and Marlow, JJ.

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Judgment, Supreme Court, New York County (Renee White, J.), rendered December 14, 1999, convicting defendant, upon his plea of guilty, of forgery in the second degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant was properly adjudicated a second felony offender since he was convicted in Virginia of two crimes, each of which was equivalent to a New York felony. Defendant’s conviction of credit card theft under Virginia Code Annotated § 18.2-192, as that statute is interpreted by the courts of Virginia (see, Cheatham v Commonwealth, 215 Va 286, 290), is the equivalent of a New York conviction of grand larceny in the fourth degree under Penal Law § 155.30 (4). Defendant’s specific argument concerning his conviction of credit card forgery under Virginia Code Annotated § 18.2-193 is unpreserved (see, People v Samms, 95 NY2d 52, 58), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the Virginia certificate of conviction clearly establishes that defendant was convicted of the equivalent of forgery in the second degree under Penal Law § 170.10 (1) (see, People v Muniz, 74 NY2d 464). Concur — Mazzarelli, J.P., Andrias, Sullivan, Buckley and Marlow, JJ.

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Bluebook (online)

292 A.D.2d 231, 738 N.Y.S.2d 571, 2002 N.Y. App. Div. LEXIS 2469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-weiber-nyappdiv-2002.

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