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PEOPLE v. CLOYCE

220 A.D.2d 329 (1995)

633 N.Y.S.2d 13

The People of the State of New York, Respondent, v. Edward Cloyce, Appellant

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

October 24, 1995

We reject defendant's contention that his arraignment on the People's allegation of a prior conviction was procedurally improper. It is true that CPL 200.60 (3) provides that the court must arraign a defendant on a special information charging conviction on a previous offense "before the close of the people's case". However, that requirement was waived by the defense because it stated before trial that the allegation in the special...

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