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PEOPLE v. HORNE

18 A.D.3d 282 (2005)

794 N.Y.S.2d 641

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN HORNE, Appellant.

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

May 12, 2005.

Defendant was properly sentenced as a second felony offender. In determining that defendant's West Virginia conviction for delivery of a controlled substance was analogous to a New York felony conviction, the court properly consulted the accusatory instrument since the statute (W Va Code § 60A-4-401 [a] [i]) criminalizes several acts which, if committed in New York, would not all be felonies (see People v Gonzalez, 61 N.Y.2d 586

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