People v. Peguese

Judgment of conviction of attempted robbery, Supreme Court, New York County, rendered March 14, 1972, unanimously modified, on the law, to reverse and, as a matter of discretion in the interest *609of justice, to dismiss the count of unlawful possession of a weapon, and otherwise affirmed. We are adverted by defendant-appellant to no point of any consequence whatever requiring that we disturb the conviction. However, defendant having theretofore been convicted of a crime, was charged with the weapon count as a felony and the required information filed (CPL 200.60, subd 2). By inadvertence,…