People v. Davis

The decision below should be affirmed. The trial court determined that although defendant pleaded guilty to robbery in the second degree in 1977, his factual admissions were sufficient, at most, for a plea of guilty to grand larceny in the third degree. The record of the 1977 proceedings supports this conclusion. Defendant did respond "yes” to the question, "Do you admit that on October 15, 1975, together with another man, that you stole some property from one Joseph Smith in Bronx County, do you admit that?” He also answered yes to a question asking whether he knew he was giving up his right…