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PEOPLE v. PETERSON

56 A.D.3d 1230 (2008)

866 N.Y.S.2d 915

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADAM M. PETERSON, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 14, 2008.

Memorandum:

Defendant appeals from a judgment convicting him upon his guilty plea of attempted rape in the first degree (Penal Law §§ 110.00, 130.35 [3]). Although the contention of defendant that he was denied effective assistance of counsel "survives his guilty plea and his waiver of the right to appeal inasmuch as he contends that his plea was infected by the alleged ineffective assistance" (People v Jennings, 8 A.D.3d 1067

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