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PEOPLE v. PORTER

7423. 3403/14.

165 A.D.3d 544 (2018)

84 N.Y.S.3d 356

2018 NY Slip Op 07056

The People of the State of New York, Respondent, v. Richard Porter, Appellant.

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

Decided October 23, 2018.

Defendant's claim that his federal conviction was not the equivalent of a New York felony is unpreserved and waived because there was neither a timely objection before the sentencing court nor was the issue raised by a CPL 440.20 motion (see People v Jurgins, 26 N.Y.3d 607, 611-612 [2015]). It is also unreviewable on direct appeal because of the insufficiency of the record. We decline to review it in the interest of justice.

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