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PEOPLE v. SMITH

8 A.D.3d 683 (2004)

778 N.Y.S.2d 896

THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. ANTONIO SMITH, Appellant.

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

June 28, 2004.

Ordered that the judgment is affirmed.

"A foreign conviction will be considered a predicate felony conviction in New York where the foreign conviction carries with it `a sentence of imprisonment in excess of one year and for which New York law would also authorize imposition of a sentence in excess of one year'" (People v Maglione, 305 A.D.2d 426 [2003], quoting People v Sailor, 65 N.Y.2d 224

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