PEOPLE v. WIMBERLY


241 A.D.2d 565 (1997)

659 N.Y.S.2d 559

The People of the State of New York, Respondent, v. Larry G. Wimberly, Also Known as John L. Jones, Appellant

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

July 3, 1997


Defendant contends that his conviction of a crime in Florida was improperly invoked as the ground upon which he was sentenced as a second felony offender. We disagree. In order for an out-of-State conviction to qualify an individual as a second felony offender, the offense must carry a sentence of over one year in prison and must be comprised of elements which would constitute a felony in this State, punishable by a sentence of over one year (see, People v Sailor...

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