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PEOPLE v. MULERO

251 A.D.2d 252 (1998)

675 N.Y.S.2d 46

The People of the State of New York, Respondent, v. Jose Mulero, Appellant

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

June 30, 1998

Defendant's claim that he was improperly adjudicated a second felony offender on the basis of his conviction in Pennsylvania for possession of a controlled substance with intent to distribute (35 Pa Cons Stat § 780-113 [a] [30]), because the mens rea element of that statute is allegedly broader than its New York counterpart, is unpreserved for appellate review (see, People v Flipping, 230 A.D.2d 650, lv denied...

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