PEOPLE v. ESTRADA

3528, 403/06.

78 A.D.3d 408 (2010)

909 N.Y.S.2d 909

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROLANDO ESTRADA, Appellant.

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

Decided November 4, 2010.


The court properly adjudicated defendant a second felony offender. Since defendant's prior conviction was under a New Jersey statute that covered separate and distinct types of drug crimes, some but not all of which would be felonies in New York, the court properly referred to the indictment in order to determine that defendant was convicted of the equivalent of a New York felony (see People v Searvance, 236 A.D.2d 306, 307...

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