People v. Frascone

—Judgment, Supreme Court, Bronx County (Bonnie Wittner, J.), rendered April 4, 1989, convicting defendant of robbery in the first degree and attempted robbery in the first degree, and sentencing him to concurrent terms of imprisonment of 6 to 12 years and 4 to 8 years, respectively, unanimously affirmed.

At the plea allocution for the robbery and attempted robbery charges, defendant told the Court that he did not actually have a gun when he committed these crimes, but had merely simulated a gun with his hand. The trial court promised to sentence defendant to the minimum term of incarceration…