PEOPLE v. BOWMAN

Ordered that the judgment under indictment No. 101/83 is modified, as a matter of discretion in the interest of justice, by reducing the conviction of robbery in the first degree to one of robbery in the second degree; as so modified, that judgment is affirmed; and it is further,

Ordered that the judgment under indictment No. 102/83 is affirmed.

The defendant contends, and the People concede, that the defendant's plea of guilty to robbery in the first degree under indictment No. 101/83 was inappropriate in that the gun displayed by the defendant during the robbery was a "beebee gun". We agree. However, the defendant was guilty of robbery in the second degree under indictment No. 101/83. The conviction is modified accordingly on the People's consent (see, Penal Law § 10.00; § 265.00 [3]; People v. Jones, 54 A.D.2d 740).

Further, the defendant's sentence under indictment No. 102/83 was not excessive. Mollen, P.J., Bracken, Rubin, Kooper and Spatt, JJ., concur.