People v. Parsons

Fein, J. (dissenting).

It is undisputed that at the predicate felony hearing, the documentation of defendant’s purported prior conviction of robbery in Puerto Rico was not authenticated, as required by CPLR 4540 (subd [c]). The certificate of conviction relied upon is in Spanish. It appears to have been certified or attested to by a “Secretario” and “Secretario Auxilar”, translated by the interpreter as “Secretary Aide, Felicito”. It lacks a certificate under seal that the attestor was the legal custodian of the record and that the appended signature was genuine, as is required by CPLR 4540…