Judgment modified, on the law, by vacating the sentence imposed. As so modified, judgment affirmed, and case remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.
Defendant's statement, at the time he entered his plea of guilty, that he used a "toy weapon" to commit the crime, casts doubt on the substantive sufficiency of his plea by suggesting the existence of an affirmative defense under subdivision 4 of section 160.15 of the Penal...
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