Opinion
March 16, 1995
Appeal from the Supreme Court, Bronx County (Robert Cohen, J.).
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 A.D.2d 258, 259, lv denied 75 N.Y.2d 925).
Concur — Rubin, J.P., Ross, Nardelli, Williams and Tom, JJ.