PEOPLE v. FRASCONE


176 A.D.2d 128 (1991)

The People of the State of New York, Respondent, v. Giacomo Frascone, Appellant

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

September 12, 1991


At the plea allocution for the robbery and attempted robbery charges, defendant told the Court that he did not actually have a gun when he committed these crimes, but had merely simulated a gun with his hand. The trial court promised to sentence defendant to the minimum term of incarceration on the robbery conviction, to run concurrently with his attempted robbery conviction, in view of the mitigating circumstance that no gun was used or recovered.

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