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PEOPLE v. BUNN

Appellate Division of the Supreme Court of New York, Fourth Department.
Feb 7, 2003
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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).