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PEOPLE v. GUTIERREZ

2019-05741.

194 A.D.3d 839 (2021)

143 N.Y.S.3d 897

2021 NY Slip Op 03051

The People of the State of New York, Respondent, v. Arturo Gutierrez, Appellant.

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

Decided May 12, 2021.

Attorney(s) appearing for the Case

Arza Feldman , Manhasset, NY ( Steven A. Feldman of counsel), for appellant.

Madeline Singas , District Attorney, Mineola, NY ( Cristin N. Connell of counsel; Matthew C. Frankel on the brief), for respondent.

Chambers, J.P., Miller, Duffy, LaSalle and Wooten, JJ., concur.

Ordered that the judgment, as amended, is affirmed.

As a threshold matter, since the only substantive argument raised on the defendant's appeal concerns the validity of his plea, we need not reach the People's contention regarding the validity of the defendant's appeal waiver (see People v Adames, 173 A.D.3d 1058 [2019]; People v Henriquez, 168 A.D.3d 876, 876 [2019];

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