New York Court of Appeals

The People of the State of New York v. Manuel Antonio Gonzalez

May 8, 198461 N.Y.2d 586

Summary

The Court reversed the Appellate Division and remanded for resentencing, holding that the defendant's Florida aggravated assault convictions do not satisfy New York's predicate felony requirements for second‑offender sentencing. The Court required that the equivalence analysis be based solely on the elements of the foreign statute, not on the foreign accusatory instrument, and that the prosecution bear the burden of proving the predicate felony.