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People v. Breckner

179 A.D.2d 410 Court N.Y. App. Div. Decision date 1992-01-14 English

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p. 410
The People of the State of New York, Respondent, v William Breckner, Appellant.

An examination of the Penal Law does not reveal a New York analog to defendant’s prior Oklahoma felony conviction for "Robbery or attempted robbery with dangerous weapon or imitation firearm”. (Okla Stat, tit 21, § 801; People v Gonzalez, 61 NY2d 586 , 589.) Robbery under the Oklahoma Statute (Okla Stat, tit 21, § 791), which provides that a conviction may

p. 411
be proven by the taking of property "from his person or immediate presence,” is broader than and more distinct from our robbery and larceny statutes. (People v Quinlan, 161 AD2d 280 .) In addition, larcenous intent is not required under the Oklahoma Statute, as it is for a robbery conviction in New York. (Diaz v State, 728 P2d 503 , 508 [Okla].)

Defendant, however, may properly be adjudicated a predicate felon upon resentencing since he was previously convicted of robbery in the first degree in New York. Concur— Murphy, P. J., Carro, Wallach and Asch, JJ.

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