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PEOPLE v. GRABOWSKI

1033 KA 19-01046.

200 A.D.3d 1718 (2021)

155 N.Y.S.3d 866

2021 NY Slip Op 07424

The People of the State of New York, Respondent, v. John M. Grabowski, Also Known as John Michael Grabowski, Also Known as John Grabowski, Appellant.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( JOHN J. MORRISSEY , OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN , DISTRICT ATTORNEY, BATAVIA ( ROBERT J. SHOEMAKER , OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Carni, NeMoyer, Curran and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his Alford plea of guilty, of rape in the first degree (Penal Law § 130.35[4]). We agree with defendant that his "waiver of the right to appeal was invalid, because [it] encompassed post-conviction motions" (People v Suarez-Montoya, 183 A.D.3d 765, 765 [2d Dept 2020]; see People v Byrd,

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