People v. Smith

At the resentencing proceeding ordered by this Court (see People v Smith, 25 AD3d 573 [2006]), the defendant challenged the constitutionality of two convictions that the People sought to utilize as predicate violent felony convictions. As to the conviction on indictment No. 13330/94, the defendant’s allegations in support of his contention that his plea of guilty had been coerced were insufficient to warrant a hearing, because the defendant’s factual allegations did not raise a question as to the voluntariness of his plea (cf. People v Grant, 61 AD3d 177, 182-183 [2009]). The defendant’s…