PEOPLE v. MOORE


213 A.D.2d 242 (1995)

624 N.Y.S.2d 19

The People of the State of New York, Respondent, v. John Moore, Also Known as Guy Rufino, Also Known as Garry Rufino, Also Known as Gary Rufino, Appellant

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

March 16, 1995


Defendant was properly adjudicated a second felony offender upon the basis of his prior conviction for robbery, under Texas Penal Code § 29.02, the word "imminent" as used in that state being equivalent to the word "immediate" as used in Penal Law § 160.00 (see, Devine v State, 786 S.W.2d 268, 270 [Tex]), and there thus being a New York analog at least to robbery in the third degree, a Class D felony (Penal Law ...

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