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PEOPLE v. DiCARLUCCIO

168 A.D.2d 509 (1990)

The People of the State of New York, Respondent, v. Michael DiCarluccio, Appellant

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

December 10, 1990

Ordered that the judgment is affirmed.

The defendant contends that the court lacked jurisdiction to accept his guilty plea in the absence of the filing, by the prosecutor, of a special information pursuant to CPL 200.60 alleging a prior conviction. We disagree. The prosecutor's failure was merely a procedural defect or irregularity which was waived by the defendant's voluntary guilty plea (see, People v Gill

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