People v. Davis

Judgment, Supreme Court, Bronx County (Alexander Hunter, J.), rendered April 12, 1993, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

Defendant’s contention that the court sentenced him under the mistaken belief that he was a second violent felony offender is unpreserved and without merit. While the court stated during the plea proceeding that it found defendant to be a second violent felony offender, it is clear that it merely misspoke, inasmuch as at…