PEOPLE v. MARTIN


81 A.D.2d 765 (1981)

The People of the State of New York, Respondent, v. Douglas Martin, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 7, 1981


As the People concede, with commendable candor, defendant should not have been adjudicated a predicate felony offender because his previous Federal conviction was for a crime which would not have constituted a felony in New York. To be designated as a predicate felony, an out-of-State conviction must have been for an offense "for which a sentence to a term of imprisonment in excess of one year * * * was authorized and is authorized...

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