| People v Randall |
| 2020 NY Slip Op 00070 [179 AD3d 431] |
| January 7, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Anthony Randall, Appellant. |
Janet E. Sabel, The Legal Aid Society, New York (William B. Carney of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Ryan J. Foley of counsel), for respondent.
Judgment, Supreme Court, Bronx County (William I. Mogulescu, J.), rendered May
13, 2015, convicting defendant, upon his plea of guilty, of robbery in the third degree,
and sentencing him, as a second felony offender, to a term of 2
Defendant's challenge to his second felony offender adjudication, alleging a lack of equivalency between his federal conviction and a New York felony, is unpreserved (see People v Samms, 95 NY2d 52, 57 [2000]; People v Smith, 73 NY2d 961 [1989]) and we decline to review it in the interest of justice. As an alternative holding, we find that defendant's federal bank robbery conviction is the equivalent of third-degree robbery (see People v Smith, 129 AD2d 517 [1st Dept 1987]).
We perceive no basis for reducing the sentence. Concur—Acosta, P.J., Manzanet-Daniels, Kapnick, Oing, JJ.