PEOPLE v. ORTIZ


283 A.D.2d 256 (2001)

724 N.Y.S.2d 611

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN ORTIZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 15, 2001.


The court properly relied on defendant's prior California burglary conviction to enhance his sentence herein. Although the elements of burglary in California differ from those required by the New York statute, Penal Law § 70.10 (1) (b) does not require the out-of-State felony to consist of the same elements as the crime in New York; it only requires that there be an imposition of a sentence of more than one year (People v Parker, 41 N.Y.2d 21...

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