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 challenging the substantive legality of his sentence, but asserting a procedural defect that can be waived (see People v Samms,
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PEOPLE v. MOORE
48 A.D.3d 222 (2008)
851 N.Y.S.2d 425
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY MOORE, Also Known as JASON MIGUEL, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided February 5, 2008.
Decided February 5, 2008.
Appellate Division of the Supreme Court of the State of New York, First Department.
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