People v. Gamble

Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered October 13, 1983, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, the defendant’s guilty plea to attempted robbery in the first degree is reinstated, and the case is remitted to County Court, Suffolk County, for resentencing.

The County Court erred when it vacated the defendant’s guilty plea based on a notation in the probation report indicating that the defendant had denied having committed one…