Order affirmed.
In our opinion the plea of guilty under the circumstances herein constituted a plea to the first count of the indictment. This count charged that defendant on March 28, 1944, in the County of Kings, with intent to kill, assaulted Joseph Foster by aiming and discharging a loaded revolver at him. It was therefore proper for the sentencing court to inquire whether defendant was armed, in order to determine the question of increased punishment and to impose...
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