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PEOPLE v. SANFORD

162 A.D.2d 560 (1990)

The People of the State of New York, Respondent, v. Luther Sanford, Appellant

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

June 11, 1990

Ordered that the judgment is affirmed.

The defendant was adjudicated a second felony offender based upon a 1977 conviction for burglary in the second degree in Tennessee. The defendant contends for the first time on appeal that the elements of the Tennessee statute, pursuant to which he virtually concedes he was validly convicted (see, CPL 400.21 [3], [7] [b]), are not sufficiently analogous to any New York statute...

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