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People v. Tantau

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1988
143 A.D.2d 954 (N.Y. App. Div. 1988)

Opinion

October 24, 1988

Appeal from the Supreme Court, Richmond County (Kuffner, J.).


Ordered that the judgment is affirmed.

The defendant was adjudicated a second felony offender based upon his conviction in Pennsylvania for robbery. The defendant now argues for the first time on appeal that a comparison of the analogous statutes indicates that the elements are not the same. However, such claim was not raised at the hearing and thus is unpreserved for appellate review (see, People v Oliver, 63 N.Y.2d 973; People v Alston, 134 A.D.2d 433; People v Morales, 143 A.D.2d 949 [decided herewith]).

In any event, the defendant was properly adjudicated a second felony offender because an examination of the relevant statutes shows that the elements are equivalent (compare, 18 Pa Cons Stat Annot § 3701 [a] [1] [ii]; § 3921 [a]; § 3901, with Penal Law § 160.00). Mollen, P.J., Brown, Kunzeman, Weinstein and Kooper, JJ., concur.


Summaries of

People v. Tantau

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1988
143 A.D.2d 954 (N.Y. App. Div. 1988)
Case details for

People v. Tantau

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDILBERTO TANTAU…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 24, 1988

Citations

143 A.D.2d 954 (N.Y. App. Div. 1988)

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