Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty to a superior court information (SCI) charging him with sodomy in the second degree (Penal Law § 130.45), sodomy in the third degree (Penal Law § 130.40), and possessing a sexual performance by a child (Penal Law § 263.16). Defendant contends that his waiver of indictment was invalid...
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