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PEOPLE v. TYLER

4 A.D.3d 183 (2004)

771 N.Y.S.2d 650

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KURTIS TYLER, Appellant.

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

February 19, 2004.

Defendant was properly sentenced as a second felony offender. A review of defendant's Pennsylvania accusatory instrument establishes that his conviction in that state was for the equivalent of a New York felony (see People v Gonzalez, 61 N.Y.2d 586, 590-591 [1984]). The language in that instrument relating to the value of an automobile identified the prong of the Pennsylvania statute under which defendant had been convicted, and...

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