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PEOPLE v. BEACHUM

1285/13, 4758, 1281/13, 4757.

154 A.D.3d 559 (2017)

2017 NY Slip Op 07336

62 N.Y.S.3d 264

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH BEACHUM, Appellant.

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

Decided October 19, 2017.

Defendant was properly adjudicated a second felony offender based upon a New Jersey drug conviction. The court properly consulted the accusatory instrument (see People v Jurgins, 26 N.Y.3d 607, 613-614 [2015]), which established that the predicate crime involved possession with intent to distribute heroin (see People v Santiago, 143 A.D.3d 545 [1st Dept 2016], lv denied

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