People v. Chance
Cases that cite this one
2 later published cases cite this decision.
- People v. Robertson (Appellate Division of the Supreme Court of New York 2002)
- People v. Smith (Appellate Division of the Supreme Court of New York 1999)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.