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People v. Moore

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1995
213 A.D.2d 242 (N.Y. App. Div. 1995)

Opinion

March 16, 1995

Appeal from the Supreme Court, Bronx County (Joseph Mazur, J.).


Defendant was properly adjudicated a second felony offender upon the basis of his prior conviction for robbery, under Texas Penal Code § 29.02, the word "imminent" as used in that state being equivalent to the word "immediate" as used in Penal Law § 160.00 (see, Devine v. State, 786 S.W.2d 268, 270 [Tex]), and there thus being a New York analog at least to robbery in the third degree, a Class D felony (Penal Law § 160.05).

Concur — Murphy, P.J., Rosenberger, Rubin, Ross and Tom, JJ.


Summaries of

People v. Moore

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1995
213 A.D.2d 242 (N.Y. App. Div. 1995)
Case details for

People v. Moore

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN MOORE, Also Known…

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

Date published: Mar 16, 1995

Citations

213 A.D.2d 242 (N.Y. App. Div. 1995)
624 N.Y.S.2d 19

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