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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DiCARLUCCIO, Appellant.

Ordered that the judgment is affirmed.

The defendant contends that the court lacked jurisdiction to accept his guilty plea in the absence of the filing, by the prosecutor, of a special information pursuant to CPL 200.60 alleging a prior conviction. We disagree. The prosecutor's failure was merely a procedural defect or irregularity which was waived by the defendant's voluntary guilty plea (see, People v. Gill, 109 A.D.2d 419; People v. Guiliano, 52 A.D.2d 240).

We have examined the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.

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PEOPLE v. DiCARLUCCIO
(Dec 10, 1990)