Opinion
September 26, 1980
Appeal from the Erie County Court.
Present — Simons, J.P., Hancock, Jr., Callahan, Doerr and Moule, JJ.
Case held, decision reserved, and matter remitted to County Court, Erie County, for a hearing to determine whether there is a factual basis to support the defendant's plea to robbery, first degree, viz., that defendant or other participants in the crime with which defendant is charged used a firearm as defined in subdivision 4 of section 160.15 Penal of the Penal Law.