People v. Ramos

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered January 14, 2015, convicting defendant, upon his plea of guilty, of auto stripping in the second degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously modified, on the law, to the extent of vacating the second felony offender adjudication and remanding for resentencing, and otherwise affirmed.

Defendant’s 2008 drug conviction under a Florida statute (Fla Stat Ann § 893.13 [1] [a]) that, unlike New York law, contains no element of knowledge that the item at issue was, in fact, the…