PEOPLE v. GENOVESE


45 A.D.2d 744 (1974)

The People of the State of New York, Respondent, v. Thomas P. Genovese, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 17, 1974


Judgment affirmed.

Defendant contends that the failure of Criminal Term to follow CPL 200.60 (subd. 3) was error requiring that the guilty plea be set aside and the conviction vacated. We do not agree. The indictment was properly drawn, indicating that a higher grade of the crime was charged without making specific reference to the prior conviction (CPL 200.60, subd. 1). The special information that must accompany the indictment, setting forth the prior conviction...

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