It is hereby ordered that the amended judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Contrary to the People's contention, the waiver by defendant of the right to appeal does not encompass his contention that at sentencing the People violated their promise to take no position regarding defendant's sentence. Defendant cannot be said to have waived his right to challenge on appeal "the People's [alleged] unanticipated change...
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