People v. Helms

I respectfully dissent and would vote to affirm the judgment, following the decision of the First Department in People v Toliver (226 AD2d 255 [1996], lv denied 88 NY2d 970 [1996]), which relies on, inter alia, its decision in People v Hall (158 AD2d 69 [1990], lv denied 76 NY2d 940 [1990], reconsideration denied 76 NY2d 1021 [1990]).

Pursuant to New York’s “ ‘strict equivalency’ standard” for determining whether foreign felonies can serve as a basis for enhanced sentencing (People v Ramos, 19 NY3d 417, 418 [2012]; see People v Gonzalez, 61 NY2d 586, 589 [1984]), our inquiry is generally…