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PEOPLE v. BROWN

5350/11, 13261, 3439/12, 13260

135 A.D.3d 605 (2016)

22 N.Y.S.3d 870

2016 NY Slip Op 00443

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBIE BROWN, Appellant.

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

Decided January 26, 2016.

Defendant's claim that his out-of-state conviction was not the equivalent of a New York felony is unpreserved because there was neither a timely objection before the sentencing court nor was the issue raised by a CPL 440.20 motion (see People v Jurgins, ___ NY3d ___, 2015 NY Slip Op 09311 [2015]). We decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. The foreign statute...

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