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PEOPLE v. FLIPPING

230 A.D.2d 650 (1996)

646 N.Y.S.2d 512

The People of the State of New York, Respondent, v. Robert Flipping, Appellant

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

August 15, 1996

Defendant challenges his adjudication as a predicate felony offender on the basis of a Pennsylvania conviction for an offense which, he contends, has a less stringent mens rea requirement, and thus is broader than its New York counterpart and cannot serve as a predicate felony for enhanced punishment. Specifically, defendant contends that while the New York counterpart provisions having to do with a sale of narcotics, Penal Law...

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