PEOPLE v. WALKER

9378, 4907/07, 5375/16.

172 A.D.3d 572 (2019)

98 N.Y.S.3d 739

2019 NY Slip Op 03932

The People of the State of New York, Respondent, v. Moustapha Walker, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 21, 2019.


Defendant failed to meet his burden of establishing that his prior conviction was unconstitutionally obtained (see CPL 400.21 [7] [b]). Defendant's ineffective assistance of counsel claim based on his prior counsel's failure to request youthful offender treatment is unavailing, because the court expressly found that defendant should not receive such treatment, and defendant received a relatively lenient eight-year prison sentence on his plea of guilty to first-degree...

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