People v. Algarin

—Appeal by the People from an order of the Supreme Court, Kings County (Lewis, J.), dated February 20, 2001, which granted the defendant’s motion to withdraw his plea of guilty and dismissed the indictment in furtherance of justice pursuant to CPL 210.40 (1).

Ordered that the order is reversed, on the law and the facts, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.

On March 2, 1982, the defendant and codefendant, John Rolon, stole a bicycle from the complainant at gunpoint. Rolon pointed a handgun at…