People v. Smart

— Appeal from a judgment of the County Court of Essex County (Feldstein, J.), rendered March 27, 1992, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.

*943Defendant pleaded guilty to one count of driving while intoxicated as a felony in satisfaction of a four-count indictment. Defendant contends that the failure of the People to arraign him upon a special information pursuant to CPL 200.60 (3) resulted in his conviction of a misdemeanor, and that he must be resentenced accordingly. That section, however, requires arraignment "[ajfter commencement of the…