People v. Rexach

—Judgment, Supreme Court, Bronx County (Frank Diaz, J.), rendered December 13, 1993, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

We reject defendant’s claim that he was improperly adjudicated a second felony offender because his prior Federal conviction for distributing cocaine within 1,000 feet of a public school was based on a statute (21 USC § 841 [a] [1]; former § 845a [a], now § 860 [a]) that is broader than its New York counterpart criminalizing the sale…