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PEOPLE v. PEREZ

2014-10943, Ind. No. 971/13.

140 A.D.3d 799 (2016)

30 N.Y.S.3d 918

2016 NY Slip Op 04243

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BORIS AUGUSTIN PEREZ, Appellant.

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

Decided June 1, 2016.

Ordered that the judgment is affirmed.

The defendant's waiver of his right to appeal does not foreclose review of his contention that he was deprived of his right to due process because the sentencing court failed to conduct a sufficient inquiry to determine whether he violated a condition of his plea agreement requiring that he not be arrested for a new crime (see People v Cousar, 128 A.D.3d 716 [2015]; People v Arrington...

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