PEOPLE v. HANESWORTH (2003)

 We reject the contention of defendant that he was denied effective assistance of counsel and that, as a result, his plea of guilty was not knowingly, intelligently and voluntarily entered.   Contrary to defendant's contention, defense counsel's advice to defendant to accept the plea offer before the Huntley hearing was conducted does not constitute ineffective assistance of counsel (see People v. Gibson, 261 A.D.2d 710, 711, 691 N.Y.S.2d 195).   Nor was defense counsel ineffective in advising defendant to accept an offer exposing him to the maximum terms of imprisonment on each count when the offer also provided that those terms would run concurrently rather than consecutively (see People v. Gale, 130 A.D.2d 588, 589, 515 N.Y.S.2d 523;  People v. Lewis, 116 A.D.2d 778, 779, 497 N.Y.S.2d 297, lv. denied 67 N.Y.2d 885, 501 N.Y.S.2d 1037, 492 N.E.2d 1244).   Contrary to the further contention of defendant, the record establishes that his waiver of the right to appeal was knowing, intelligent and voluntary (see People v. Hidalgo, 91 N.Y.2d 733, 736, 675 N.Y.S.2d 327, 698 N.E.2d 46;  People v. Burse, 295 A.D.2d 968, 969, 743 N.Y.S.2d 354, lv. denied 98 N.Y.2d 709, 749 N.Y.S.2d 6, 778 N.E.2d 557), and that waiver encompasses defendant's challenge to the severity of the sentence (see People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM.