Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Kenneth Beachum, Appellant
154 A.D.3d 55962 N.Y.S.3d 264·New York Supreme Court, Appellate Division·2017·NY
Concur — Manzanet-Daniels, J.P., Mazzarelli, Moskowitz, Kahn and Kern, JJ.
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Opinion
The People of the State of New York, Respondent, v Kenneth Beachum, Appellant.
[62 NYS3d 264]
[MAJORITY]
Judgments, Supreme Court, Bronx County (Martin Marcus, J.), rendered June 26, 2014, as amended December 13, 2016, convicting defendant, upon his pleas of guilty, of criminal possession of a forged instrument in the second degree and grand larceny in the third degree, and sentencing him, as a second felony offender, to an aggregate term of 2V2 to 5 years, unanimously affirmed.
Defendant was properly adjudicated a second felony offender based upon a New Jersey drug conviction. The court properly consulted the accusatory instrument (see People v Jurgins, 26 NY3d 607, 613-614 [2015]), which established that the predicate crime involved possession with intent to distribute heroin (see People v Santiago, 143 AD3d 545 [1st Dept 2016], lv denied 28 NY3d 1127 [2016]; People v West, 58 AD3d 483 [1st Dept 2009], lv denied 12 NY3d 822 [2009]). We decline to revisit our prior holdings on this issue.
Concur — Manzanet-Daniels, J.P., Mazzarelli, Moskowitz, Kahn and Kern, JJ.