People v. Felix

Defendant pleaded guilty to attempted robbery in the second degree, a class D violent felony offense, under the first count of the indictment charging robbery in the first degree (uses or threatens the immediate use of a dangerous instrument, to wit, a knife), a class B felony. The second count of the indictment charged defendant with robbery in the second degree (displaying what appeared to be a pistol), a class C felony which is also defined as an “[ajrmed felony” (see CPL 1.20, subd 41). Pursuant to subdivision 5 of section 70.02 of the Penal Law, the Legislature has provided that where a…