People v. Derrick

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerschwer, J.), rendered November 12, 1991, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, the defendant’s motion to vacate his plea of guilty is granted, the plea is vacated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

The defendant was arrested as a result of his alleged partici*487pation in the theft of an answering…