People v. Massey

Motion for reargument, and for other relief, granted in part and, upon reargument, the memorandum and order entered April 28, 2017 (140 AD3d 1524 [2016]) is amended by deleting the second sentence of the second paragraph of the memorandum and substituting the following sentences: “As a preliminary matter, that contention survives defendant’s waiver of the right to appeal (see id.). Contrary to the People’s contention, although defendant initially withdrew his motion to withdraw the guilty plea, defendant’s contention is properly before us inasmuch as the record reflects that the court allowed…