
    The People of the State of New York, Respondent, v. John C. Pittenger, Appellant.
    Submitted March 15,1973;
    decided April 25,1973.
    
      Benjamin Heinrich, William E. Hellerstein and Robert Kasanof for appellant.
    
      Thomas J. Mackett, District Attorney (Martin L. Bracken of counsel), for respondent.
   Order affirmed in the following memorandum: Failure to warn a defendant that he may be sentenced as a multiple offender if he has a prior conviction, although directed by section 335-b (subsequently 335-c) of the former Code of Criminal Procedure, does not require reversal where no prejudice is shown (People ex rel. Gallagher v. Follette, 22 N Y 2d 239, 244-245; People ex rel. Purvis v. La Vallee, 18 N Y 2d 753, 755; People v. Porter, 14 N Y 2d 785, 786, cert. den. 390 U. S. 1016). Where defendant concedes that he was not eligible for multiple-offender treatment, the warning would be meaningless in his case and he was not harmed by the failure to warn (see People ex rel. Doud v. Mancusi, 39 A D 2d 837 [4th Dept.]; People v. Stephens, 38 A D ,2d 908 [1st Dept.]; but see People v. Pray, 37 A D 2d 1004 [3d Dept.]; People v. Jordan, 27 A D 2d 584 [3d Dept.]).

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Waohtler.  