The previous offender information charged defendant's prior conviction "upon his own confession and plea of guilty of the crime of Attempt Possession of Burglar's Instrument as a felony" (emphasis supplied). Petitioner's contentions that such an offense is a misdemeanor because it is not defined as a felony and because no punishment is prescribed therefor are without merit. (Penal Law, §§ 408, 2, 261.)
Order unanimously affirmed,...
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