Defendant was properly adjudicated a second felony offender based on his Pennsylvania conviction, as the face of the accusatory instrument clearly states that defendant was convicted of possession with intent to deliver "a controlled substance, to wit: cocaine," and not a counterfeit controlled substance (see Penal Law § 70.06 [1] [b] [i]; People v Muniz,
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PEOPLE v. THOMPSON
11 A.D.3d 295 (2004)
782 N.Y.S.2d 454
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH THOMPSON, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 14, 2004.
October 14, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
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