It is hereby ordered that said appeal be and the same hereby is unanimously dismissed.
Memorandum:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted rape in the first degree (Penal Law §§ 110.00, 130.35 [1]). After the notice of appeal was filed, however, County Court vacated that judgment, and defendant thereafter pleaded guilty to sexual abuse in the first degree (§ 130.65 [1]) in satisfaction of the indictment...
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