Opinion
September 25, 2001.
Judgment, Supreme Court, New York County (Arlene Goldberg, J.), rendered February 25, 1999, convicting defendant, upon his guilty plea, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Ellen Sue Handman, for respondent. Harold V. Ferguson, Jr., for defendant-appellant.
Before: Nardelli, J.P., Williams, Tom, Andrias, Marlow, JJ.
Although the waiver of indictment form omitted a written notation of the offense charged and the date and time thereof, it was executed and filed simultaneously with the Superior Court Information containing all the necessary items, and both forms thus constituted a single document that satisfied the requirements of CPL 195.20 (see, People v. Long, 273 A.D.2d 67, lv denied 95 N.Y.2d 854; People v. Lamoni, 230 A.D.2d 628, lv denied 89 N.Y.2d 925).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.