PEOPLE v. SYLVESTER

Ind. No. 933N/17. Appeal No. 12038. Case No. 2018-2755.

187 A.D.3d 522 (2020)

133 N.Y.S.3d 257

2020 NY Slip Op 05702

The People of the State of New York, Respondent, v. Steven Sylvester, Appellant.

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

Decided October 13, 2020.


The court properly adjudicated defendant a second felony drug offender based on defendant's North Carolina conviction for breaking and entering and his federal conviction for robbery under the Hobbs Act (see Penal Law §§ 70.70[1][b]; 70.06 [1][b][i]).

New York courts use a "strict equivalency" standard to determine if a statute in a foreign jurisdiction qualifies as a predicate felony in New York (People v Helms, 30 N.Y.3d...

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