People v. Chance

Appellate Division of the Supreme Court of New York

People v. Chance

254 A.D.2d 115, 679 N.Y.S.2d 289, 1998 N.Y. App. Div. LEXIS 10828

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1998·Published·Cited by 2 cases

Opinion

Judgment, Supreme Court, Bronx County (George Daniels, J., at plea; Joseph Cohen, J., at sentence and resentence), rendered October 24, 1995, convicting defendant of robbery in the second degree and resentencing him, as a second violent felony offender, to a term of 4 to 8 years, unanimously affirmed.

The court properly refused to allow defendant to withdraw his plea and resentenced him as a second violent felony offender. The original sentence promise was rendered unlawful by the discovery of defendant’s status as a second violent felony offender, a fact concealed from the court at the time of the plea and the original sentencing due to use of an alias and passive misrepresentations on the part of defendant (People v Smith, 223 AD2d 465, lv denied 88 NY2d 854).

Despite sufficient opportunity to do so, defendant failed to make sufficient allegations to warrant a hearing on the constitutionality of his prior conviction (see, People v Harris, 61 NY2d 9, 15). Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

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Judgment, Supreme Court, Bronx County (George Daniels, J., at plea; Joseph Cohen, J., at sentence and resentence), rendered October 24, 1995, convicting defendant of robbery in the second degree and resentencing him, as a second violent felony offender, to a term of 4 to 8 years, unanimously affirmed.

The court properly refused to allow defendant to withdraw his plea and resentenced him as a second violent felony offender. The original sentence promise was rendered unlawful by the discovery of defendant’s status as a second violent felony offender, a fact concealed from the court at the time of the plea and the original sentencing due to use of an alias and passive misrepresentations on the part of defendant (People v Smith, 223 AD2d 465, lv denied 88 NY2d 854).

Despite sufficient opportunity to do so, defendant failed to make sufficient allegations to warrant a hearing on the constitutionality of his prior conviction (see, People v Harris, 61 NY2d 9, 15). Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

People v. Chance, 254 A.D.2d 115, 679 N.Y.S.2d 289, 1998 N.Y. App. Div. LEXIS 10828 (N.Y. Ct. App. 1998).

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Opinion

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