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PEOPLE v. PINELLA

137 Misc.2d 701 (1987)

The People of the State of New York, Plaintiff, v. Enrique Pinella, Defendant.

Supreme Court, New York County.

November 24, 1987

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Thomas Mooney and Roy L. Sweetgall of counsel), for plaintiff. Judd Ryan for defendant.

HERBERT ADLERBERG, J.

Must a defendant be adjudicated a predicate felony offender for the purpose of enhanced punishment where the predicate crime is based upon a conviction in a foreign jurisdiction, and both the foreign statute and the comparable New York statute (1) are equivalent as to their elements, and (2) authorize a sentence in excess of one year; but the foreign statute deprives the defendant of...

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