PEOPLE v. FULLER

The indictment to which the defendant pleaded guilty charged him with attempting to kill his father "from a deliberate and premeditated design to effect the death of his father", by putting a quantity of potassium cyanide into a cup of coffee which he had poured for his father's breakfast. The defendant was sentenced to the Elmira Reformatory, pursuant to subdivision 1 of section 261 of the Penal Law specifying the punishment for an attempt to commit a crime which is punishable by death or imprisonment for life. The appellant contends that he was punishable solely under subdivision 1 of section 240 of the Penal Law defining the crime of assault in the first degree. The appellant's contention is wholly without merit ( People v. Pisano, 142 App. Div. 524; United States v. Moore, 46 F.2d 308, affd. 46 F.2d 310). Order appealed from affirmed. Foster, P.J., Bergan, Halpern and Imrie, JJ., concur; Coon, J., taking no part.