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PEOPLE v. SWANTON

27 A.D.3d 591 (2006)

810 N.Y.S.2d 375

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE SWANTON, Appellant.

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

March 14, 2006.

Ordered that the judgment is affirmed.

The defendant contends that his plea allocution was factually insufficient to establish the crime of robbery in the first degree because the court failed to inquire whether he actually possessed a dangerous instrument at the time of the crime (see Penal Law § 160.15 [3]; People v Pena, 50 N.Y.2d 400 [1980], cert denied 449 U.S. 1087 [1981]). Having failed either to...

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