PEOPLE v. JOHNSON

Defendant waived his contention that his due process rights were violated by the failure of the prosecutor to file a special information pursuant to CPL 200.60 with respect to the second count. Defendant stipulated at trial that he was incarcerated for a parole violation at the time of this incident and consented to the People's filing of a special information during trial.

There is no merit to the contention that defendant was not afforded effective assistance of counsel ( see, People v. Satterfield, 66 N.Y.2d 796, 798-799). (Appeal from Judgment of Genesee County Court, Morton, J. — Assault, 2nd Degree.)