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PEOPLE v. REYES

92 A.D.2d 776 (1983)

The People of the State of New York, Respondent, v. Hector Reyes, Appellant

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

March 3, 1983

At the time of the plea, defendant told the court that he had only used a toy pistol. Inasmuch as on the other robbery for which the instant sentence was to be concurrent, a toy pistol was used, there is substantiation for the defendant's contention. Under the circumstances, the guilty plea to robbery in the first degree should be reduced to robbery in the second degree and the count for possession of a weapon in the fourth degree...

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