Opinion
February 22, 1994
Appeal from the Supreme Court, Bronx County (Max Sayah, J.).
Since the felony complaint charged defendant with criminal possession of a weapon in the second degree, and not merely the lesser included attempted crime charged in the information to which defendant pleaded guilty, we think it plain that defendant committed a violent felony offense within the meaning of Penal Law § 70.02 (1) (d), and it should make no difference that defendant's waiver of prosecution by indictment resulted in his pleading to an information rather than an indictment. Accordingly, defendant was legally sentenced as a persistent violent felony offender.
Concur — Sullivan, J.P., Ellerin, Asch and Tom, JJ.