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PEOPLE v. ELTING

2019-00821, 2019-02640.

191 A.D.3d 899 (2021)

138 N.Y.S.3d 918

2021 NY Slip Op 01064

The People of the State of New York, Respondent, v. Daniel Elting, Appellant.

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

Decided February 17, 2021.

Attorney(s) appearing for the Case

Laurette D. Mulry , Central Islip, NY ( Anju M. Alexander of counsel), for appellant.

Timothy D. Sini , District Attorney, Riverhead, NY ( Michael J. Brennan and Glenn Green of counsel), for respondent.

Rivera, J.P., Miller, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the judgments are affirmed.

The defendant contends that his pleas of guilty were not knowing, intelligent, and voluntary. A defendant's contention that his plea was not knowing, intelligent, and voluntary survives a valid appeal waiver (see People v Bhuiyan, 181 A.D.3d 699, 700 [2020]; People v Fontanet, 126 A.D.3d 723 [2015]). Consequently, we need not determine whether...

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