Opinion
October 1, 1941.
Appeal from Supreme Court, Clinton County.
Present — Hill, P.J., Bliss, Heffernan, Schenck and Foster, JJ.
On February 15, 1932, appellant, who had been indicted for the crime of robbery in the first degree while armed with a dangerous weapon, was convicted upon his plea of guilty to the crime as charged. He received a sentence, the minimum of which was fifteen years and the maximum twenty-five years, five years of which was added for being armed during the commission of the crime. The contention of appellant is that the district attorney should have filed an information charging him with being armed and that he should have been allowed to contest this point. Appellant concedes that the indictment to which he pleaded guilty charged specifically that he had a pistol in his hand. Order unanimously affirmed, without costs.