People v. Robinson

Summary

The Appellate Division, Second Department affirmed a judgment convicting Dequan Robinson of attempted criminal possession of a weapon in the second degree and sentencing him as a second violent felony offender. The court held that his allegations were insufficient to require a hearing regarding the constitutionality of his prior conviction and declined to review his unpreserved constitutional sentencing challenge.

Holdings

1. Defendant was properly sentenced as a second violent felony offender because his vague allegations during the plea proceeding were insufficient to warrant a hearing on whether the prior conviction was unconstitutionally obtained.
2. Defendant's contention that his sentence as a second violent felony offender was unconstitutional under Erlinger and Apprendi was unpreserved for appellate review, and the court declined to review it in the exercise of its interest-of-justice jurisdiction.

Questions Presented

1. Whether defendant was properly sentenced as a second violent felony offender when his vague allegations concerning the constitutional validity of his prior conviction did not warrant a hearing.
2. Whether defendant's constitutional challenge to his second-violent-felony-offender sentence was preserved for appellate review and should nevertheless be reviewed in the interest of justice.

Disposition

affirmed