PEOPLE v. PEREZ


169 A.D.2d 566 (1991)

The People of the State of New York, Respondent, v. Gilbert Perez, Appellant

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

January 24, 1991


As defendant never moved to withdraw his guilty plea, his argument that the elements of robbery in the first degree were not demonstrated in his plea allocution is unpreserved for appellate review as a matter of law. In any event, Penal Law § 160.15 (4) permits conviction of robbery in the first degree when the defendant displays what appears to be a pistol; the factual allocution established this element. Further, pleading...

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