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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAHSAAN SEARVANCE, Appellant.

The court properly sentenced defendant as a second felony offender. Defendant's prior New Jersey conviction, for possession of a controlled substance with intent to distribute within 1,000 feet of school property, was analogous to criminal possession of a controlled substance in the third degree (Penal Law § 220.1(3 [1]), despite defendant's claim that New Jersey's definition of intent to "distribute" is broader than New York's definition of intent to "sell" ( see, People v Rexach, 220 AD2d 362, lv denied 87 NY2d 924). Further, under the circumstances, the court properly relied on the accusatory instrument, since the New Jersey statute (NJ Stat Annot § 2C:35-7) that defendant violated, renders criminal, not one act but several acts which, if committed in New York, would in some cases be felonies and in others would constitute only misdemeanors ( see, People v Gonzalez, 61 NY2d 586).

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PEOPLE v. SEARVANCE
(Feb 25, 1997)