People v. Challenger

Summary

The Appellate Division, First Department, affirmed a judgment convicting Levi Challenger of second-degree robbery following a guilty plea and an order denying his CPL 440.10 motion to vacate the conviction. The court held that the plea was not induced by an unfulfilled promise because the trial court did not promise that Challenger would serve no more than five years of incarceration or be released within a particular timeframe.

Holdings

1. Defendant was not entitled to vacatur of his guilty plea because the sentencing court did not make an unfulfilled promise regarding the length of his incarceration or the timing of his release.
2. The record did not establish a promise that defendant would serve no more than five years in custody; the court's statements concerned credit for periods of incarceration, not a guaranteed release date or maximum actual time in custody.

Questions Presented

1. Whether defendant's guilty plea was induced by an unfulfilled promise concerning the maximum period of incarceration and therefore had to be vacated.
2. Whether the sentencing court's statements that defendant would receive credit for all time spent in custody constituted a promise that he would be released after serving no more than five years.

Disposition

affirmed