254 A.D.2d 115 679 N.Y.S.2d 289

The People of the State of New York, Respondent, v Dwayne Chance, Also Known as Duwayne Chance, Also Known as Dwayne Martin, Appellant.

[679 NYS2d 289]

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

Case Details

Name
People v. Chance
Decision Date
Oct 15, 1998
Citations

254 A.D.2d 115

679 N.Y.S.2d 289

Jurisdiction
New York

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