New York Court of Appeals
The People of the State of New York, Respondent v. Mark Jurgins, Appellant
December 17, 201526 N.Y.3d 607
Summary
The Court held that the defendant's Washington, D.C. conviction for attempted robbery does not qualify as a predicate felony under New York law, so his second‑felony‑offender status was illegal and must be vacated; the Court also found that the defendant did not waive his right to challenge that determination and that the issue was preserved in his CPL 440.20 motion. The order of the Appellate Division was reversed and the case remanded for further proceedings. Justice Pigott dissented, arguing the claim was waived and should be affirmed.