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PEOPLE v. MARTINEZ

Nos. 2016-03333, 2016-03334.

159 A.D.3d 836 (2018)

69 N.Y.S.3d 820

2018 NY Slip Op 01619

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMILIO MARTINEZ, Appellant.

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

Decided March 14, 2018.

Ordered that the judgments are affirmed.

Contrary to the People's contention, the defendant's waiver of the right to appeal does not preclude him from making the arguments raised on appeal, as a claim that a plea of guilty was not voluntary survives a valid waiver of the right to appeal (see People v Seaberg, 74 N.Y.2d 1, 10 [1989]; People v Broccoli, 152 A.D.3d 536 [2017]; People...

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