People v Tyler
2004 NYSlipOp 01104
February 19, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 21, 2004


The People of the State of New York, Respondent,
v
Kurtis Tyler, Appellant.

Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered December 11, 2001, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant was properly sentenced as a second felony offender. A review of defendant's Pennsylvania accusatory instrument establishes that his conviction in that state was for the equivalent of a New York felony (see People v Gonzalez, 61 NY2d 586, 590-591 [1984]). The language in that instrument relating to the value of an automobile identified the prong of the Pennsylvania statute under which defendant had been convicted, and was not surplusage. Concur—Buckley, P.J., Sullivan, Williams and Gonzalez, JJ.