People State New York v. Charles Sobczak

[105 A.D.2d 1053 Page 1053] Judgment unanimously reversed, on the law and facts, plea vacated and defendant remanded to Supreme Court, Erie County, for further proceedings on the indictment. Memorandum: Defendant entered a plea of guilty to a charge of robbery in the first degree as set forth in the third count of the indictment. That count alleged that during the commission of the crime, defendant displayed what appeared to be a revolver. On the plea allocution, defendant admitted that he displayed a revolver but stated that it contained no bullets. That assertion prompted the court to inquire The gun wasn't loaded? and defendant answered No, sir.