People v. Moye

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for resentencing, in accordance with the following Memorandum: Defendant entered a plea of guilty to counts four and five of an indictment charging robbery in the first degree. However, during the plea colloquy, defendant informed the court that the pistol he displayed at the robbery which forms the basis of count four was "fake”. Defendant did not make a similar claim with respect to count five, but admitted that he displayed a pistol to a salesperson and demanded money. The court accepted…