In People v. Hiladrio 291 AD2d 221 (1st Dept 2002), lv. denied, 98 N.Y.2d 676, the Court was apparently considering whether Defendant's previous federal conviction for conspiracy to sell cocaine could be used as a predicate "foreign" conviction with equivalent elements to a New York crime for the purpose of enhancing Defendant's instant sentence, given that the federal statute, unlike its New York counterpart, did not require an "overt act" to be proven in furtherance of a conspiracy. The Court held that Defendant's claim was unpreserved and refused to reach the issue in the interests of justice, but opined that if the issue was reached: "The New York requirement of an overt act, which is not found in Federal conspiracy law, is an evidentiary requirement concerning the manner in which conspiracy must be established, rather than being an element of the crime." 291 AD2d at 222.