People v. Wheeler

Judgment of resentence, Supreme Court, New York County (John A.K. Bradley, J.), rendered April 10, 2002, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 12 years to life, unanimously affirmed.

The court properly sentenced defendant as a persistent violent felony offender. Defendant did not establish a factual basis for his constitutional challenge to a 1989 felony conviction. Defendant’s assertion that he “believed” that he “would have” instructed his attorney to file a notice of appeal from that conviction is factually insufficient to support his claim that his attorney rendered ineffective assistance by disregarding a direct instruction to file such a notice (see Roe v Flores-Ortega, 528 US 470 [2000]).

We have considered and rejected defendant’s remaining arguments, including those contained in his pro se supplemental brief. Concur—Tom, J.P., Saxe, Lerner, Marlow and Gonzalez, JJ.