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PEOPLE v. PIMENTEL

3702, 756/12.

149 A.D.3d 505 (2017)

2017 NY Slip Op 02891

53 N.Y.S.3d 262

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE PIMENTEL, Appellant.

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

Decided April 13, 2017.

Although defendant made a valid waiver of his right to appeal (see People v Ramos, 7 N.Y.3d 737 [2006]), we find that his challenges to the statute defining "a crime of terrorism" (Penal Law § 490.25 [1]) are within the category of claims that are "unwaivable as part of a plea bargain," and thus survive the appeal waiver (People v Muniz, 91 N.Y.2d 570, 574 [1998]; see also People...

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