People v. Waddell

by defendant from a judgment of the Supreme Court, Kings County, rendered December 14, 1977, upon resentence, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence. Judgment reversed, on the law, plea vacated, and case remitted to Criminal Term for further proceedings consistent herewith. Defendant’s statement at the time he entered his plea of guilty, that the crime had been committed with a "toy gun”, suggested the existence of an affirmative defense (see Penal Law, § 160.15, subd 4), and cast doubt on his guilt of robbery in the first degree. This…