PEOPLE v. ROACH


255 A.D.2d 164 (1998)

680 N.Y.S.2d 791

The People of the State of New York, Respondent, v. Harry Roach, Appellant

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

November 12, 1998


Defendant was properly sentenced as a second felony offender. We adhere to our prior holding that the unavailability of the agency defense in a foreign jurisdiction has no bearing on whether a foreign felony qualifies as the equivalent of a New York felony (see, People v Lee, 251 A.D.2d 161; People v Searvance, 236 A.D.2d 306, lv denied 89 N.Y.2d 1041; People v Rexach

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