Opinion
December 21, 1964
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 15, 1963 on his plea of guilty, convicting him of attempted burglary in the third degree, and sentencing him, as a second felony offender, to serve a term of 2 1/2 to 10 years. Judgment affirmed. By not attacking the sufficiency of the indictment at or before the time he was called for judgment, defendant has waived any objection thereto ( People v. Willett, 213 N.Y. 368); and by his plea of guilty, defendant waived any objection to the legality of his arrest ( People v. Burns, 19 Misc. 680). Beldock, P.J., Ughetta, Christ, Hill and Rabin, JJ., concur.