Judgment unanimously affirmed.
Memorandum:
We reject the contention of defendant that his waiver of the right to appeal was not voluntary, knowing and intelligent. The record establishes that County Court ordered a mental examination pursuant to CPL 390.30 (2) as part of the presentence investigation because of the nature of the crime and not because the court was "of the opinion that the defendant may be an incapacitated person" (CPL 730.30 [1]). Nothing...
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