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PEOPLE v. HELMS

No. 117.

30 N.Y.3d 259 (2017)

88 N.E.3d 1189

66 N.Y.S.3d 660

2017 NY Slip Op 08160

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MARLO S. HELMS, Respondent.

Court of Appeals of New York.

Decided November 20, 2017.

Attorney(s) appearing for the Case

Sandra Doorley , District Attorney, Rochester ( Leah R. Mervine of counsel), for appellant.

Timothy P. Donaher , Public Defender, Rochester ( David R. Juergens of counsel), for respondent.

Chief Judge DiFIORE and Judges STEIN, GARCIA and WILSON concur; Judge RIVERA concurs in result in an opinion, in which Judge FEINMAN concurs.

OPINION OF THE COURT

On this appeal we must determine whether defendant's Georgia conviction for burglary (Ga Code Ann former § 16-7-1 [a]) qualifies as a predicate felony conviction under New York's sentencing statutes. We also are called upon to clarify the scope of the strict equivalency test, that is, the test by which...

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