PEOPLE v. PATTERSON (2000)

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered June 26, 1997, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 6 years, unanimously affirmed.

 The court properly sentenced defendant as a second felony offender.   During the proceedings concerning defendant's alleged second felony offender status, there was no dispute that he was convicted under a particular statutory subdivision relating exclusively to cocaine (N.C. Gen. Stat. § 90-95[h][3] ).   Therefore, the People were not required to produce the North Carolina accusatory instrument for the purpose of ruling out the possibility that defendant was convicted of a marijuana offense that would not be a felony in New York.   The statute in question, as judicially interpreted (see, People v. Sailor, 65 N.Y.2d 224, 237, 491 N.Y.S.2d 112, 480 N.E.2d 701, cert. denied 474 U.S. 982, 106 S.Ct. 387, 88 L.Ed.2d 340), contains an element of scienter and is in all other respects the equivalent of criminal possession of a controlled substance in the third degree (see, State v. Weldon, 314 N.C. 401, 333 S.E.2d 701).   We have considered and rejected defendant's remaining contentions.

MEMORANDUM DECISION.