The predicate felony offered at defendant's sentencing was an out-of-State conviction for what was described as credit card fraud, rendered on plea of guilty to a criminal charge in Pennsylvania, in violation of 18 Pa Cons Stat Annot § 4101. The prosecutor likened that statute to New York's class D felony of forgery in the second degree (Penal Law § 170.10). The court agreed that the two statutes were "practically identical", and sentenced defendant as a second...
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