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PEOPLE v. CHEATHAM

168 A.D.2d 258 (1990)

The People of the State of New York, Respondent, v. Gerald Cheatham, Appellant

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

December 6, 1990

The basis of defendant's status as a predicate felon was his conviction in New Jersey, on a plea of guilty, of theft "from the person of the victim", a felony in that State (NJ Stat Annot § 2C:20-2 [b] [2] [d]). Defendant argues that his New Jersey conviction is not based on an offense which, if committed in New York, would be a felony and that it thus does not qualify as a predicate felony for the purpose of sentencing him...

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