PEOPLE v. PURNELL

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Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Clyde PURNELL, appellant.

Decided: October 31, 2005

THOMAS A. ADAMS, J.P., DANIEL F. LUCIANO, PETER B. SKELOS, and ROBERT A. LIFSON, JJ. Brian E. O'Donoghue, Huntington, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered March 4, 2003, convicting him of failure to register or verify as a felony, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his waiver of the right to appeal was effective (see People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108;  People v. Khan, 201 A.D.2d 586, 607 N.Y.S.2d 737).   In addition, by pleading guilty, the defendant waived his claims concerning nonjurisdictional defects in the indictment (see People v. DiCarluccio, 168 A.D.2d 509, 562 N.Y.S.2d 750;  People v. Cox, 275 A.D.2d 924, 713 N.Y.S.2d 708).   The defendant received the effective assistance of counsel at sentencing.

The defendant's remaining contentions are either unpreserved for appellate review (see People v. Szyjko, 17 A.D.3d 609, 795 N.Y.S.2d 57, lv. denied 5 N.Y.3d 795, 801 N.Y.S.2d 816, 835 N.E.2d 676 [2005] ), or not properly before us (see CPL 470.15[1] ).

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