Defendant was properly sentenced as a second violent felony offender. Since the New Jersey statute in question encompassed both completed and attempted assaults, and only a completed assault would be the equivalent of a New York violent felony, the court properly consulted the New Jersey indictment and certificate of conviction in order to determine which of these two criminal acts was committed (see People v Gonzalez,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
PEOPLE v. JOHNSON
304 A.D.2d 496 (2003)
760 N.Y.S.2d 411
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY JOHNSON, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided April 29, 2003.
Decided April 29, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.
