People v. Burgey

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted sodomy in the first degree (Penal Law §§ 110.00, 130.50 [1]). The valid waiver by defendant of the right to appeal encompasses his contention concerning the severity of the sentence (see, People v Hidalgo, 91 NY2d 733 , 737). In any event, the sentence, to which defendant agreed as part of the plea bargain, is not unduly harsh or severe (see, People v Crooks, 278 AD2d 931 , 932, lv denied 96 NY2d 782 ). Even assuming, arguendo, that the further contention of defendant that he was denied effective assistance of counsel survives his plea of guilty (see, People v Brown, 284 AD2d 904 ; cf., People v Burke, 256 AD2d 1244 , lv denied 93 NY2d 851 ), we conclude that defendant’s contention lacks merit (see, People v Miller, 275 AD2d 925 , 926, lv denied 95 NY2d 936 ; see generally, People v Baldi, 54 NY2d 137 , 147). (Appeal from Judgment of Oneida County Court, Donalty, J. — Attempted Sodomy, 1st Degree.) Present-Green, J. P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.