People v. Reyes

213 A.D.2d 253, 624 N.Y.S.2d 815, 1995 N.Y. App. Div. LEXIS 2798

Opinion

—Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered June 17, 1993, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him, as a second violent felony offender, to 4 to 8 years, unanimously affirmed.

The sentencing court properly rejected defendant’s constitutional challenge to his status as a second violent felony offender. Defendant did not prove that he was denied effective assistance of counsel in connection with his prior felony conviction upon a guilty plea on grounds prior counsel failed to request that sentencing court grant defendant youthful offender status, where defendant’s prison plea was to a lesser charge of that indictment and he received a " 'lenient and beneficial’ ” sentence (People v Vega, 158 AD2d 258, 259, lv denied 75 NY2d 925). Concur—Rubin, J. P., Ross, Nardelli, Williams and Tom, JJ.