People v. Mitchell

Judgment, Supreme Court, Bronx County, rendered November 30, 1978, convicting defendant on his plea of guilty of robbery in the first degree and sentencing him as a predicate felon to IVi to 15 years, unanimously affirmed. Defendant acknowledged at the plea that at the time of the robbery he had "displayed what appeared to be a revolver”. Although subsequent questioning by the court educed a claim that the weapon had been a toy pistol (see Penal Law, § 160.15, subd 4), defendant waived a right to claim legal insufficiency of the plea by failure to move to withdraw it or to raise a claim of…