It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of rape in the third degree (Penal Law § 130.25 [2]) and sodomy in the third degree (§ 130.40 [2]). The waiver by defendant of the right to appeal was knowing and voluntary and encompasses his challenges to the factual sufficiency of the plea (see People...
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