People v. Kevlon

In the Court of General Sessions for New York county defendant with two others pleaded guilty of the crime of robbery in the second degree. A fourth member of the band, who has not been apprehended, had carried a pistol during the commission of the robbery and had passed it to one of his confederates who momentarily retained it. Although defendant never had the pistol in his possession, the sentence imposed upon him included the increased term provided for by section 1944 of the Penal Law for carrying a pistol while in the act of committing a felony. The Appellate Division has reversed solely…