People v. McIntyre

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hillery, J.), rendered August 5, 1987, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he was improperly adjudicated a second felony offender because his previous conviction, in 1985, was based on an invalid waiver of indictment. The defendant asserts that the evidence elicited at his second *560felony offender hearing established that a written waiver of indictment by a Grand Jury was not signed in "open…