PEOPLE v. RAMOS

No. 112.

19 N.Y.3d 417 (2012)

971 N.E.2d 369

948 N.Y.S.2d 239

2012 NY Slip Op 4669

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GILBERTO RAMOS, Appellant.

Court of Appeals of New York.

Decided June 12, 2012.


Attorney(s) appearing for the Case

Legal Aid Society, New York City ( Laura Boyd and Steven Banks of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Sean T. Masson and Sylvia Wertheimer of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.


OPINION OF THE COURT

SMITH, J.

We hold that, under New York's "strict equivalency" standard for convictions rendered in other jurisdictions, a federal conviction for conspiracy to commit a drug crime may not serve as a predicate felony for sentencing purposes.

Defendant was convicted, on his plea of guilty, of third degree robbery, a felony (Penal Law § 160.05). He was sentenced as a second felony offender, on the basis of a previous conviction...

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