Opinion
September 17, 1947.
Appeal from Supreme Court of Clinton County.
Relator was indicted for the crime of robbery in the first degree as a second offender. He pleaded guilty to the crime of robbery in the third degree and was sentenced to a term of not less than ten years and not more than twenty years. It is his contention that he was improperly sentenced as a second offender since no information was filed against him charging a previous conviction as provided by section 1943 of the Penal Law. His contention is without merit. ( People v. Gowasky, 244 N.Y. 451). The same question was presented to us in May, 1947 ( People ex rel. Jablonwski v. Jackson, 272 App. Div. 859). The same question was before the court in People ex rel. Williams v. Jackson ( 272 App. Div. 859). Order affirmed, without costs. All concur.