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PEOPLE of the State of New York, Respondent, v. William ZAK, Appellant.
By pleading guilty to a superior court information charging him with criminal possession of stolen property in the fourth degree and bail jumping in the second degree, defendant waived his contention that the proceeding was untimely commenced in violation of CPL 580.20 (see, People v. Gooden, 151 A.D.2d 773, 774, 542 N.Y.S.2d 757; People v. Cusick, 111 A.D.2d 251, 489 N.Y.S.2d 96; People v. Nelson [appeal No. 1], 79 A.D.2d 1093, 435 N.Y.S.2d 836).
Defendant further contends that he was denied effective assistance of counsel because defense counsel took a position adverse to defendant's CPL 580.20 motion. We disagree. Defendant had already entered his guilty plea, thereby waiving his contention with respect to CPL 580.20, and defendant does not contend that defense counsel's subsequent conduct concerning the CPL 580.20 motion infected the plea bargaining process or that he entered his guilty plea because of that conduct (see, People v. Wood, 207 A.D.2d 1001, 617 N.Y.S.2d 248; cf., People v. Kellar, 213 A.D.2d 1063, 624 N.Y.S.2d 712).
Judgment unanimously affirmed.
MEMORANDUM.
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Decided: September 30, 1997
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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