State of New Jersey, Plaintiff-Respondent v. Irby Butler, Defendant-Appellant

Summary

The Supreme Court of New Jersey held that a defendant who merely simulated a handgun during a robbery does not satisfy the statutory requirement of being "armed with or uses or threatens the immediate use of a deadly weapon" for first‑degree robbery, and therefore his conviction must be reduced to second‑degree robbery with a ten‑year sentence. The Court also affirmed that a guilty plea does not waive the right to challenge the factual basis of the plea.