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PEOPLE v. MITCHELL

78 A.D.2d 608 (1980)

The People of the State of New York, Respondent, v. Steven Mitchell, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 16, 1980

Unanimously affirmed.

Defendant acknowledged at the plea that at the time of the robbery he had "displayed what appeared to be a revolver". Although subsequent questioning by the court educed a claim that the weapon had been a toy pistol (see Penal Law, § 160.15, subd 4), defendant waived a right to claim legal insufficiency of the plea by failure to move to withdraw it or to raise a claim of the inadequacy of his counsel (People v Pascale,

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