From Casetext: Smarter Legal Research

People v. Burke

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1244 (N.Y. App. Div. 1998)

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.


Summaries of

People v. Burke

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1244 (N.Y. App. Div. 1998)
Case details for

People v. Burke

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK T. BURKE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 31, 1998

Citations

256 A.D.2d 1244 (N.Y. App. Div. 1998)
682 N.Y.S.2d 650

Citing Cases

State v. Thompson

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession…

State v. Smith

The valid waiver of the right to appeal encompasses defendant's challenge to the severity of the…