People v. Casey
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s contention that his conviction of burglary in the third degree in the state of New Jersey did not qualify as a predicate New York felony pursuant to Penal Law § 70.06 (1) (b) (i) is unpreserved for appellate review (see People v Samms, 95 NY2d 52, 57 [2000]). However, we reach this issue in the exercise of our interest of justice jurisdiction (see People v Boston, 79 AD3d 1140 [2010]; People v Grigg, 73 AD3d 806 [2010]; People v Burgos, 97 AD2d 826 [1983]). As the People correctly concede, the out-of-state crime of which the defendant was convicted would not constitute a…
2Cases cited6 opinions
- People v. SammsNew York Court of Appeals · 2000
- People v. MunizNew York Court of Appeals · 1989
- People v. BostonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. BurgosAppellate Division of the Supreme Court of the State of New York · 1983
- People v. GriggAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by10 opinions
- People v. IliffAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BallingerAppellate Division of the Supreme Court of the State of New York · 2012
- People v. RovinskyAppellate Division of the Supreme Court of the State of New York · 2016
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. CabassaAppellate Division of the Supreme Court of the State of New York · 2020
5 more not listed; retrieve them via the Exa API.