People v. Moore

Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered April 5, 2007, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of seven years, unanimously affirmed.

Defendant claims that the sentencing court should not have counted his 1997 conviction as a second violent felony conviction because it was allegedly obtained in violation of his constitutional right to effective counsel, in that counsel failed to seek youthful offender treatment. Since defendant is not…