Judgment unanimously affirmed.
Memorandum:
Defendant was charged by an indictment with two counts of robbery in the first degree and one count of assault in the first degree. The case proceeded to trial, but the jury deadlocked, resulting in a mistrial. Defendant subsequently pleaded guilty to one count of robbery in the first degree (Penal Law § 160.15 [1]). As part of the plea bargain, defendant waived his right to appeal and admitted that he was a...
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