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PEOPLE v. GARRETT

Ind. No. 3598N/14. Appeal No. 14999. Case No. 2016-1180.

201 A.D.3d 448 (2022)

156 N.Y.S.3d 747

2022 NY Slip Op 00064

The People of the State of New York, Respondent, v. Thomas Garrett, Appellant.

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

Decided January 6, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Laura Boyd of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Molly Morgan of counsel), for respondent.

Concur—Kern, J.P., Mazzarelli, Gesmer, González, Rodriguez, JJ.

Defendant's conviction under 18 USC § 513(a) qualifies as a predicate felony, because it includes all the essential elements of the equivalent felonies in New York (see People v Helms, 30 N.Y.3d 259 [2017]). The purported predicate federal statute prohibits the making, uttering, or possessing of a counterfeited or forged security with intent to deceive. The comparable New York statutes prohibit the making of a written instrument...

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