| People v Moore |
| 2008 NY Slip Op 01005 [48 AD3d 222] |
| February 5, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v LarryMoore, Also Known as Jason Miguel, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Allen J. Vickey of counsel), forrespondent.
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, andsentencing him, as a second violent felony offender, to a term of seven years, unanimouslyaffirmed.
Defendant claims that the sentencing court should not have counted his 1997 conviction as asecond violent felony conviction because it was allegedly obtained in violation of hisconstitutional right to effective counsel, in that counsel failed to seek youthful offendertreatment. Since defendant is not challenging the substantive legality of his sentence, butasserting a procedural defect that can be waived (see People v Samms, 95 NY2d 52,56-58 [2000]; People v Abruzzese,30 AD3d 219, 220 [2006], lv denied 7 NY3d 784 [2006]), his valid waiver of hisright to appeal forecloses that claim. Further, because he failed to challenge the constitutionalityof the 1997 conviction when it was counted as a predicate conviction in 2004, or demonstrategood cause for such failure, he waived any future challenge to the 1997 conviction'sconstitutionality for sentence enhancement purposes (see People v Crawford, 204 AD2d203 [1994], lv denied 84 NY2d 906 [1994]). We also reject defendant's claim on themerits. Concur—Tom, J.P., Saxe, Gonzalez, Buckley and Catterson, JJ.