James Bond Burglar to Have Sentence Reviewed Ahead of Appeal
By Mary K. Miraglia
HACKENSACK, N.J. (March 20, 2017) — A Hackensack burglar serving 17 years in state prison will have his sentence reviewed May 12 before Presiding Criminal Courts Judge Margaret M. Foti.
“The sole issue is concurrent versus consecutive sentencing,” Assistant Prosecutor David Calviello told Attorney Weekly.
Hakeem Chance, 24 and of James Street in Hackensack, had appealed now retired Judge Patrick J. Roma’s decision to sentence him to two terms consecutive, or one after the other. Chance contends his sentences should be running concurrently, or at the same time, which would result in him spending much less time in prison.
He appeared before Foti March 6, when defense attorney Kevin G. Roe of Hackensack argued that Chance should have the matter heard in Superior Court now, because it had been sent back to Bergen County by the Appellate Court for explanation.
Roe told Attorney Weekly that when Roma sentenced Chance, he didn’t stipulate the “Yarbrough factors” which are the rationale for the length and type of sentence and are a required element of sentencing.
Foti, however, noting that Chance is appealing his conviction as well, was reluctant to hear the case if it would “become an appealable issue.” So when Chance appeared at the beginning of the month, Foti adjourned his hearing until she could have an opportunity to contact the Appellate Division for guidance. She did, and told the defendant Monday, March 20 that she’ll reconsider his sentence at the end of May.
Chance was a co defendant with Dammen McDuffie of Englewood in a dramatic July, 2012 burglary of two homes in Nutley, one that belonged to a Newark police officer. Both men were convicted at trial, and and were sentenced for two separate crimes of burglary with two separate periods of prison time. They are considered by law enforcement to be part of the current generation of “James Bond Gang” professional burglars.
Both have appealed their July, 2014 sentences and convictions. Frank Carbonetti of Hackensack is defense attorney for McDuffie.
