| People v Morales |
| 2009 NY Slip Op 07167 [66 AD3d 1083] |
| October 8, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Demetrius R.Morales, Appellant. |
—[*1] Beth G. Cozzolino, District Attorney, Hudson (H. Neal Conolly of counsel), forrespondent.
Malone Jr., J. Appeal from a judgment of the County Court of Columbia County (Czajka, J.),rendered July 2, 2008, convicting defendant upon his plea of guilty of the crime of attemptedassault in the second degree.
Defendant waived indictment and pleaded guilty to a superior court information charginghim with attempted assault in the second degree. Pursuant to the plea agreement, defendant wasthereafter sentenced to a term of 1 to 3 years in prison. Defendant now appeals.
We affirm. Defendant contends that the superior court information was jurisdictionallydefective in that it failed to allege that he committed acts constituting every material element ofthe crime charged. Inasmuch as the superior court information not only expressly cited to PenalLaw §§ 110.00 and 120.05 (2), but also recited the required elements, the superiorcourt information was jurisdictionally valid and defendant was provided fair notice of thecharges against him (see People v Cohen, 52 NY2d 584, 587 [1981]; People v Woods, 51 AD3d 1061,1061-1062 [2008], lv denied 11 NY3d 796 [2008]; People v Brickley, 306 AD2d551, 553 [2003], lv denied 100 NY2d 641 [2003]). We are not persuaded by defendant'scontention that the superior court information was required to identify the particular implementdefendant used (see CPL 200.50 [7] [b]), inasmuch as attempted assault in the seconddegree is not considered [*2]an armed felony when, as here, it iscommitted with a weapon other than a firearm (see CPL 1.20 [41]; see also People vJiminez, 165 AD2d 692, 692 [1990]). To the extent that defendant challenges the factualsufficiency of the superior court information, any claim with respect to such was waived by hisguilty plea (see People v Cohen, 52 NY2d at 587; People v Champion, 20 AD3d 772, 774 [2005]).
Spain, J.P., Rose, Lahtinen and Kavanagh, JJ., concur. Ordered that the judgment isaffirmed.