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PEOPLE v. AMICO

2019-04606. Ind. No. 1/19.

191 A.D.3d 797 (2021)

138 N.Y.S.3d 359

2021 NY Slip Op 00856

The People of the State of New York, Respondent, v. John F. Amico III, Appellant.

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

Decided February 10, 2021.

Attorney(s) appearing for the Case

Thomas N. N. Angell , Poughkeepsie, NY ( Jennifer Burton of counsel), for appellant.

William V. Grady , District Attorney, Poughkeepsie, NY ( Anna K. Diehn of counsel), for respondent.

Rivera, J.P., Barros, Connolly, Brathwaite Nelson and Iannacci, JJ., concur.

Ordered that the judgment is affirmed.

Under the circumstances, the defendant's challenge to the voluntariness of his plea is properly before this Court even though the defendant did not seek to withdraw his plea before sentencing (see People v Keller, 168 A.D.3d 1098, 1099 [2019]; see also People v Peque, 22 N.Y.3d 168, 182 [2013];

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