PEOPLE v. CARTER


173 A.D.2d 631 (1991)

The People of the State of New York, Respondent, v. Leroy Carter, Appellant

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

May 20, 1991


Ordered that the judgment is affirmed.

The defendant was convicted in 1985 in New Jersey for the theft of $623 by deception in 1983. This New Jersey conviction was the basis of his adjudication as a second felony offender. On appeal, the defendant contends that the sentencing court erred in sentencing him as a second felony offender because the predicate felony upon which his second offender status is based was obtained in another State and is not a felony in this...

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