Opinion
October 21, 1985
Appeal from the County Court, Nassau County (Lawrence, J.).
Judgment affirmed.
Contrary to defendant's assertion, the second count of the indictment was not jurisdictionally defective, as it clearly charged him with criminal possession of a weapon in the third degree (see, People v Iannone, 45 N.Y.2d 589). Defendant was not denied a fair trial by the prosecutor's questions and summation. Since he was represented by counsel at sentencing, defendant was not prejudiced by the court's refusal to grant a second adjournment to allow another attorney, who had not filed a notice of appearance, to prepare to represent defendant at sentencing (see, People v San Souci, 23 A.D.2d 352, affd 17 N.Y.2d 684). With regard to the claim that counsel remained mute on the issue of defendant's status as a second felony offender, we note that defendant had previously conceded his prior conviction. Mollen, P.J., Thompson, O'Connor and Rubin, JJ., concur.