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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLAUDIO NUNEZ, Appellant.

Defendant's guilty plea was knowing, intelligent and voluntary. The court's response during the plea allocution to a question from defendant about deportation consequences was not inconsistent with the pertinent provisions of the Immigration and Nationality Act ( 8 USC § 1226 [c]; § 1227 [a] [2] [A] [iii]). Similarly, counsel was not ineffective for failing to address the court's purported misstatement ( compare People v. McDonald, 1 NY3d 109).

Defendant's valid waiver of his right to appeal forecloses review of the court's suppression ruling. Were we to find that defendant did not make a valid waiver of his right to appeal, we would reject his suppression argument.

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PEOPLE v. NUNEZ
(Jan 10, 2006)