Court of Appeals of New York

In a case in which the defendant sought an order declaring that two statements of predicate felony conviction did not create a basis for Supreme Court to determine that he was subject to an enhanced sentence as a second felony drug offender, it is held that: 1) the legislature meant for prosecutors and sentencing courts to take foreign violent felony convictions into account when determining a defendant's sentencing status; and 2) it was not permissible for Supreme Court to examine the indictment underlying the defendant's robbery conviction in North Carolina so as to ascertain whether his intent satisfied New York's intent element for robbery.

Appellate Information

• Decided 05/31/2012
• Published 05/31/2012

Judges

• Read

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Mark W. Zeno, Nicole A. Coviello