Opinion
December 31, 1998
Appeal from Judgment of Onondaga County Court, Mulroy, J. — Criminal Use Firearm, 1st Degree.
Judgment unanimously affirmed. Memorandum: The contention of defendant that he was denied effective assistance of counsel does not survive his guilty plea. There is no showing that the plea bargaining process was infected by any allegedly ineffective assistance or that defendant entered the plea because of his attorneys' allegedly poor performance ( see, People v. Petgen, 55 N.Y.2d 529, 534-535, rearg denied 57 N.Y.2d 674; People v. Wood, 207 A.D.2d 1001). We further reject the contention of defendant that his waiver of the right to appeal is not effective ( see, People v. Callahan, 80 N.Y.2d 273, 280).
Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Balio, JJ.