People v. Acevedo

Judgment, Supreme Court, New York County (Clifford A. Scott, J.), rendered March 26, 1993, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

Defendant’s argument that the court should not .have accepted his plea without inquiring into whether he understood that he had raised an affirmative defense to the first degree robbery charge by asserting that the gun possessed by his accomplice was not loaded (Penal Law § 160.15 [4]) is unpreserved for appellate review as a matter of law inasmuch as…