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PEOPLE v. ESPINAL

10563. 704/18.

178 A.D.3d 517 (2019)

111 N.Y.S.3d 843

2019 NY Slip Op 08945

The People of the State of New York, Respondent, v. Edwin Espinal, Appellant.

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

Decided December 12, 2019.

Attorney(s) appearing for the Case

Marianne Karas , Thornwood, for appellant.

Darcel D. Clark , District Attorney, Bronx ( Ryan J. Foley of counsel), for respondent.

Concur—Richter, J.P., Manzanet-Daniels, Webber, Gesmer, JJ.

Regardless of whether defendant's arguments survive his waiver of his right to appeal, we find them unavailing.

Defendant did not preserve his claim that the court should have conducted an inquiry under People v Outley (80 N.Y.2d 702, 712 [1993]) into whether he violated the conditions of his plea agreement (see e.g. People v Saxon, 28 A.D.3d 330, 331 [1st Dept 2006], lv denied...

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