People v. Rhyne

— Appeal by the defendant from a judgment of the County Court, Westchester County (Plumadore, J.), rendered September 26, 1984, convicting him of criminal possession of stolen property in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends, inter alia, that he was improperly

In People v Gonzalez ( 61 NY2d 586 , 589), the Court of Appeals declared that in order "[t]o determine whether a foreign crime is equivalent to a New York felony the court must examine the elements of the foreign statute and compare them to an analogous Penal Law felony, for '[i]t is the statute upon which the indictment was drawn that necessarily defines and measures the crime’ (see People v Olah, 300 NY 96 , 98)”.

We find, contrary to the defendant’s contentions, that the elements of the Federal statute under which he pleaded guilty are analogous to the New York felony of criminal possession of a forged instrument in the second degree (Penal Law § 170.25), for purposes of determining the defendant’s status as a predicate felon.

Accordingly, since the proscribed activity engaged in by the defendant, to wit, transporting forged securities in interstate commerce, would have constituted a felony had the conduct occurred exclusively in New York State, the sentencing court properly adjudicated him a predicate felony offender.

We have examined the defendant’s remaining contentions and find them to be without merit. Thompson, J. P., Rubin, Fiber and Sullivan, JJ., concur.