Opinion
October 15, 1998
Appeal from the Supreme Court, Bronx County (George Daniels, J.).
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 A.D.2d 465, lv denied 88 N.Y.2d 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 N.Y.2d 9, 15).
Concur — Sullivan, J.P., Wallach, Williams and Saxe, JJ.