People v. Holmes

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered June 20, 2007, convicting him of robbery in the first degree, assault in the second degree, and menacing in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the County Court did not err in denying his motion to withdraw his plea of guilty to robbery in the first degree based upon his post-plea assertion that the weapon used actually was an inoperable “BB” gun (see Penal Law § 160.15 [4]; People v…