People v. Mulero

—Judgment, Supreme Court, New York County (George Roberts, J.), rendered March 14, 1995, convicting defendant, upon his guilty plea, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s claim that he was improperly adjudicated a second felony offender on the basis of his conviction in Pennsylvania for possession of a controlled substance with intent to distribute (35 Pa Cons Stat § 780-113 [a] [30]), because the mens rea element of that statute is allegedly broader than…