The court properly sentenced defendant as a second felony offender based on his North Carolina forgery conviction (NC Gen Stat § 14-119 [a]). An examination of the elements of the foreign statute reveals that they are analogous to those of the New York felony forgery statutes, and that there is no conduct that would violate the foreign statute but only constitute a misdemeanor in New York. Specifically, all of the types of financial and governmental instruments listed...
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