PEOPLE v. JOHNSON (2003)

Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered August 2, 2000, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 5 years, unanimously affirmed.

Defendant was properly sentenced as a second violent felony offender.   Since the New Jersey statute in question encompassed both completed and attempted assaults, and only a completed assault would be the equivalent of a New York violent felony, the court properly consulted the New Jersey indictment and certificate of conviction in order to determine which of these two criminal acts was committed (see People v. Gonzalez, 61 N.Y.2d 586, 590-591, 475 N.Y.S.2d 358, 463 N.E.2d 1210).