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PEOPLE v. REXACH

220 A.D.2d 362 (1995)

633 N.Y.S.2d 131

The People of the State of New York, Respondent, v. Domingo Rexach, Appellant

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

October 31, 1995

We reject defendant's claim that he was improperly adjudicated a second felony offender because his prior Federal conviction for distributing cocaine within 1,000 feet of a public school was based on a statute (21 USC § 841 [a] [1]; former § 845a [a], now § 860 [a]) that is broader than its New York counterpart criminalizing the sale of a controlled substance in or near school grounds (Penal Law §§ 220...

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