People v. Pimentel

Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered March 25, 2014, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the first degree as a crime of terrorism, and sentencing him, as a second felony offender, to a term of 16 years, unanimously affirmed.

Although defendant made a valid waiver of his right to appeal (see People v Ramos, 7 NY3d 737 [2006]), we find that his challenges to the statute defining “a crime of terrorism” (Penal Law § 490.25 [1]) are within the category of claims that are “unwaivable as part of a plea…