Opinion
January 24, 1995
Appeal from the Supreme Court, New York County (George Roberts, J.).
The court properly relied upon defendant's prior military conviction for the distribution of cocaine as a predicate felony for the purposes of enhancing his sentence (Penal Law § 70.06 [b] [i]; see, People v. Muniz, 74 N.Y.2d 464, 467), since the elements of the military statute regarding distribution of narcotics (Uniform Code of Military Justice art 112a [ 10 U.S.C. § 912a]) are equivalent to those of the New York felony of criminal sale of a controlled substance in the third degree (Penal Law § 220.39; see, People v. Gonzalez, 61 N.Y.2d 586, 589). For the purposes of determining the nature of predicate offenses, only the elements of the predicate crime are significant, and any defenses are irrelevant (see, People v Pinella, 137 Misc.2d 701, affd 143 A.D.2d 1072, lv denied 73 N.Y.2d 925).
Concur — Murphy, P.J., Rosenberger, Williams and Tom, JJ.