People v. Leacock

OPINION OF THE COURT

James G. Starkey, J.

The question presented in this case was whether a previous felony conviction of defendant in the State of Maryland constituted a predicate felony conviction in New York; that is, a basis for sentencing him as a second felony offender pursuant to Penal Law § 70.06 (1) (b) (i). If not, the sentence recommended by the prosecution — and agreed to by defendant— could not be lawfully imposed upon defendant for criminal sale of a controlled substance in the second degree.

Defendant urged that it is possible to violate the statute defining the crime of which he…