Legal Opinion

People v. Burke

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1998PublishedCited by 23 opinions

1Opinion of the Court

—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 NY2d 529, 534-535, rearg denied 57 NY2d 674; People v Wood, 207 AD2d 1001). We further reject the contention of defendant that his waiver of the right to appeal is not effective (see, People v Callahan, 80 NY2d 273, 280).…

2Cases cited3 opinions

  1. People v. CallahanNew York Court of Appeals · 1992
  2. People v. PetgenNew York Court of Appeals · 1982
  3. People v. WoodAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by23 opinions

  1. People v. SpikesAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. NievesAppellate Division of the Supreme Court of the State of New York · 2002
  3. People v. CarltonAppellate Division of the Supreme Court of the State of New York · 2003
  4. People v. KingAppellate Division of the Supreme Court of the State of New York · 2005
  5. People v. LenoAppellate Division of the Supreme Court of the State of New York · 2005

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