It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
We agree with defendant that the record establishes that his waiver of the right to appeal is invalid because it was not knowing, voluntary and intelligent. During the plea colloquy, County Court stated, "And you're waiving your right to appeal on this matter," and defendant responded, "Yes." That single reference to defendant's right to appeal...
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