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People v. Quinones

225 A.D.2d 476 Court N.Y. App. Div. Decision date 1996-03-26 English

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p. 476
The People of the State of New York, Respondent, v William Quinones, Appellant.
[639 NYS2d 799]

As defendant failed to controvert his predicate felony status at the predicate felony hearing, any question concerning whether his New Jersey conviction for possession of a controlled dangerous substance with intent to distribute is equivalent to a felony conviction in New York is unpreserved for appellate review as a matter of law (People v Perez, 203 AD2d 123 , 124, lv denied 83 NY2d 970 ). In any event, based upon the record before this Court, the relevant New Jersey statute (NJ

p. 477
Stat Annot § 24:21-19 [a] [1]) is equivalent to criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]), a class B felony (see, People v Muniz, 74 NY2d 464 , 467-468). Concur — Milonas, J. P., Wallach, Ross and Mazzarelli, JJ.

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