Opinion
KA 01-02500
February 7, 2003.
Appeal from a judgment of Yates County Court (Falvey, J.), entered September 4, 2001, convicting defendant upon her plea of guilty of, inter alia, grand larceny in the third degree.
ZIMMERMAN TYO, SHORTSVILLE (JOHN E. TYO OF COUNSEL), FOR DEFENDANT-APPELLANT.
SUSAN H. LINDENMUTH, DISTRICT ATTORNEY, PENN YAN, FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., WISNER, KEHOE, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
The contention of defendant that she was denied effective assistance of counsel does not survive her guilty plea because "[t]here is no showing that the plea bargaining process was infected by any allegedly ineffective assistance or that defendant entered the plea because of [her] attorney['s] allegedly poor performance" (People v. Burke, 256 A.D.2d 1244, 1244, lv denied 93 N.Y.2d 851; see People v. Remp, 294 A.D.2d 823). The waiver by defendant of the right to appeal encompasses her contention concerning the severity of the sentence (see People v. Lococo, 92 N.Y.2d 825, 827; People v. Hidalgo, 91 N.Y.2d 733, 737).