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THE PEOPLE, ETC., RESPONDENT, v. MELVIN HERRING, APPELLANT. (IND. NO. 1910/95).

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention his plea of guilty was knowingly, voluntarily, and intelligently made (see, People v. Harris, 61 N.Y.2d 9). The record establishes that the defendant was aware of the affirmative defense available pursuant to Penal Law § 160.15 (4), and that he waived his right to assert that the defense in exchange for the bargained-for sentence.

The defendant's waiver of his right to appeal precludes review of his contention that he was denied effective assistance of counsel except to the extent that it affected the voluntariness of his plea (see, People v. Holmes, 268 A.D.2d 597). As indicated, we find that the plea was knowingly, voluntarily, and intelligently made.

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

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PEOPLE v. HERRING
(Jul 24, 2000)