In People v. Baker (85 AD3d 935, 925 N.Y.S.2d 616 [2d Dept. 2011]), defendant claimed he was incorrectly sentenced as a persistent violent felony offender based on the mistaken belief that a conviction for attempted criminal possession of a weapon in the third degree was a violent felony conviction, and that he did not receive effective assistance of counsel because trial counsel did not properly investigate his criminal history. The Appellate Division, Second Department, held these contentions required a hearing (85 AD3d at 936).