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PEOPLE v. NORTHRUP

Appellate Division of the Supreme Court of New York, Fourth Department.
Nov 10, 2005
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It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, of attempted assault in the second degree (Penal Law §§ 110.00, 120.05) and endangering the welfare of a child (§ 260.10 [1]). The valid waiver by defendant of the right to appeal encompasses her challenge to the factual sufficiency of the plea allocution ( see People v. King, 20 AD3d 907; People v. DeJesus, 248 AD2d 1023, lv denied 92 NY2d 878). The waiver of the right to appeal also applies to defendant's contention concerning the severity of the sentence ( see People v. Hidalgo, 91 NY2d 733, 737), and, in any event, that contention lacks merit. Where, as here, defendant "effects a plea bargain and receives the precise sentence that was promised, [s]he should not later be heard to complain that [s]he received what [s]he bargained for" ( People v. Chambers, 123 AD2d 270, 270; see People v. McCullers, 40 AD2d 796, 797, affd 33 NY2d 806).