Opinion
December 21, 1995
Appeal from the County Court of Chemung County (Castellino, J.).
Defendant, a prison inmate, pleaded guilty to the crime of attempted promoting prison contraband in the first degree. He was sentenced as a predicate felony offender to a term of 1 1/2 to 3 years in prison to run consecutive to the sentence he was then serving. On appeal, defendant contends that County Court should not have accepted his guilty plea because the indictment failed to specify the exact location of his confinement as required by CPL 200.50 (7) (a) and Penal Law § 205.25 (2). In particular, defendant notes that the indictment stated that he was confined at Elmira Correctional Facility when, in fact, he was confined at the Elmira Reception Center. Initially, we find that defendant has waived his right to raise this issue by pleading guilty ( see, People v Cohen, 52 N.Y.2d 584; People v Harris, 117 A.D.2d 881). Nevertheless, were we to consider the merits, we would find that the indictment adequately apprised defendant of the charges against him.
Cardona, P.J., Mercure, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the judgment is affirmed.