People v. Procito

In the Court of General Sessions defendant pleaded guilty to the crime of robbery in the third degree. Never before had he been convicted of a crime punishable by imprisonment in a State prison but he was armed with a pistol at the time of the commission of this felony. The indeterminate sentence pronounced upon him, for robbery in the third degree as a first offender was for a term of not less than five nor more than ten years. In imposing this sentence the judge applied section 2129 with section 2189 of the Penal Law. By reason of the fact that defendant was armed at the time of the…