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PEOPLE v. BERRY

2019-12009, 2022-04380, Ind. No. 1475/18.

206 A.D.3d 755 (2022)

167 N.Y.S.3d 840

2022 NY Slip Op 03737

The People of the State of New York, Respondent, v. Terrell Berry, Appellant.

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

Decided June 8, 2022.

Attorney(s) appearing for the Case

Steven A. Feldman , Manhasset, NY, for appellant.

Raymond A. Tierney , District Attorney, Riverhead, NY ( Rosalind C. Gray of counsel), for respondent.

Connolly, J.P., Maltese, Wooten and Genovesi, JJ., concur.

Ordered that the judgment is affirmed; and it is further,

Ordered that the purported resentence is reversed, on the law, and the matter is remitted to the County Court, Suffolk County, for resentencing in accordance herewith.

The defendant's valid waiver of the right to appeal does not bar him from raising his contentions concerning the voluntariness of his plea of guilty, since such claims survive his appeal waiver (see People v Seaberg,

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