Judgment unanimously modified on the law and as modified affirmed and matter remitted to Oneida County Court for further proceedings in accordance with the following Memorandum: Defendant entered a plea of guilty to a reduced charge of assault in the second degree (Penal Law § 120.05 [7]) in exchange for a promise of a five-year determinate term of incarceration. During the plea colloquy, defendant agreed to waive his right to appeal. At sentencing, County Court denied...
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