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,
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PEOPLE v. CHANCE
254 A.D.2d 115 (1998)
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
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 15, 1998
October 15, 1998
Appellate Division of the Supreme Court of the State of New York, First Department.
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