People v. Ricketts
Opinion of the Court
Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered November 12, 2004, convicting defendant, after a jury trial, of forgery in the second degree and grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years and 2 to 4 years, respectively, unanimously affirmed.
Defendant was not deprived of his constitutional rights to a
Defendant was properly sentenced as a second felony offender. In determining that defendant’s federal conviction under 18 USC § 666 (a) (1) (A) was analogous to a New York felony conviction, we consider the accusatory instrument since the federal statute provides alternative means for committing the offense, which, if committed in New York, would not all be felonies (see People v Muniz, 74 NY2d 464 [1989]; People v Gonzalez, 61 NY2d 586 [1984]). In light of that accusatory instrument, we find that defendant’s federal conviction constituted the equivalent of grand larceny in the third degree. Concur—Andrias, J.E, Saxe, Sullivan, Gonzalez and McGuire, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.