People v. Wilson

OPINION OF THE COURT

Larry M. Himelein, J.

Defendant has been convicted, under separate indictments, of various drug-related felonies and the People in both cases seek to have defendant sentenced as a predicate felon. The People allege that defendant was convicted in North Dakota of sexual imposition (ND Cent Code § 12.1-20-04) and failure to appear after release — bail jumping (ND Cent Code § 12.1-08-05) and these convictions would constitute felonies in New York for enhanced sentencing purposes {see, Penal Law § 70.06). Defendant contends that neither conviction would constitute a felony in…