| People v Briggs |
| 2017 NY Slip Op 01380 [147 AD3d 1077] |
| February 22, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Rashad Briggs, Appellant. |
Scott M. Bishop, White Plains, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Jennifer Spencer and LaurieG. Sapakoff of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County(Molea, J.), rendered July 31, 2014, convicting him of attempted assault in the first degree, uponhis plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
This appeal arises from an incident during which the defendant used a knife to attack thecomplainant. The defendant eventually pleaded guilty to attempted assault in the first degree(Penal Law §§ 110.00, 120.10 [1]). On appeal, he contends that the indictmentwas jurisdictionally defective under CPL 200.50 (7) (b), because it failed to specify the weaponhe used. By pleading guilty, the defendant forfeited any claim he may have had under CPL200.50 (7) (a) as to the sufficiency of the factual allegations of the indictment (see People vIannone, 45 NY2d 589, 599 [1978]; People v Gibson, 117 AD3d 1317, 1317-1318 [2014]; People v Perez, 93 AD3d 1032,1034-1035 [2012]). In any event, the defendant's contention is without merit because CPL 200.50(7) (b) applies only to counts alleging the commission of an "armed felony" (CPL 200.50 [7] [b];see CPL 1.20 [41]; Penal Law § 10.00 [12]). The defendant was not chargedwith the commission of an "armed felony." Balkin, J.P., Hall, LaSalle and Barros, JJ.,concur.