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 assault in the second degree (Penal Law § 120.05 [8]). Defendant was sentenced as a second felony offender to a determinate term of imprisonment of five years and a five-year period of postrelease supervision. The valid waiver by defendant of the right to appeal...
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