People v. Lagasse

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a forged instrument in the second degree (Penal Law § 170.25). We reject the contention of defendant that he was not eligible for the initial period of interim probation supervision imposed by County Court (see CPL 390.30 [6]), inasmuch as he was a second felony offender. At the time of the entry of the plea, the court had not “found, pursuant to the provisions of the criminal procedure law,” that defendant was a second felony offender (Penal Law § 70.06 [2]).

Contrary to defendant’s…