Legal Opinion

People v. Sanchez

Appellate Division of the Supreme Court of the State of New York

Decided January 24, 1995Published

1Opinion of the Court

Judgment, Supreme Court, New York County (George Roberts, J.), rendered November 13, 1992, convicting defendant, upon his guilty plea, of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The court properly relied upon defendant’s prior military conviction for the distribution of cocaine as a predicate felony for the purposes of enhancing his sentence (Penal Law § 70.06 [1] [b] [i]; see, People v Muniz, 74 NY2d 464, 467), since the elements of the military statute regarding distribution of…

2Cases cited3 opinions

  1. People v. GonzalezNew York Court of Appeals · 1984
  2. People v. MunizNew York Court of Appeals · 1989
  3. People v. PinellaNew York Supreme Court · 1987

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