From Casetext: Smarter Legal Research

People v. DiCarluccio

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1990
168 A.D.2d 509 (N.Y. App. Div. 1990)

Opinion

December 10, 1990

Appeal from the Supreme Court, Queens County (Cooperman, J.).


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, 109 A.D.2d 419; People v. Guiliano, 52 A.D.2d 240).

We have examined the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.


Summaries of

People v. DiCarluccio

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1990
168 A.D.2d 509 (N.Y. App. Div. 1990)
Case details for

People v. DiCarluccio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DiCARLUCCIO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 10, 1990

Citations

168 A.D.2d 509 (N.Y. App. Div. 1990)
562 N.Y.S.2d 750

Citing Cases

People v. Viano

The trial court, over the defendant's objection, granted the prosecution's request to file the special…

People v. Purnell

Contrary to the defendant's contention, his waiver of the right to appeal was effective ( see People v.…