Opinion
Argued April 19, 1971
Decided June 9, 1971
Appeal from the Herkimer County Court, FRANK G. MANION, J.
Henry D. Blumberg, District Attorney, for appellant.
Edward J. Rose for respondent.
Order reversed and the judgments of the trial court reinstated in the following memorandum: The order should be reversed and the judgments of conviction reinstated. By pleading guilty, defendant waived his right to challenge the informations on the ground that they did not comply with section 395 of the Code of Criminal Procedure. ( People v. Fosella, 304 N.Y. 667.)
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.