People v. Genovese

Appeal by defendant from a judgment of the Supreme Court, Richmond County, rendered August 29,1973, convicting him of attempted possession of a weapon as a class E felony (Penal Law, § 265.05, subd. 3; § 110.05, subd. 7), upon Ms plea of guilty, and sentencing him to an indeterminate prison term not to exceed three years. Judgment affirmed. Defendant contends that the failure of Criminal Term to follow CPL 200.60 (subd. 3) was error requiring that the guilty plea be set aside and the conviction vacated. We do not agree. The indictment was properly drawn, indicating that a higher grade of the…