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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLYDE PURNELL, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, his waiver of the right to appeal was effective ( see People v. Callahan, 80 NY2d 273; People v. Khan, 201 AD2d 586). In addition, by pleading guilty, the defendant waived his claims concerning nonjurisdictional defects in the indictment ( see People v. DiCarluccio, 168 AD2d 509; People v. Cox, 275 AD2d 924). The defendant received the effective assistance of counsel at sentencing.

The defendant's remaining contentions are either unpreserved for appellate review ( see People v. Szyjko, 17 AD3d 609, lv denied 5 NY3d 795), or not properly before us ( see CPL 470.15).

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PEOPLE v. PURNELL
(Oct 31, 2005)