It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him, upon his plea of guilty, of rape in the first degree (Penal Law § 130.35 [1]), defendant contends that County Court's alleged error in ordering a confirmatory DNA test rendered his plea of guilty involuntary because the court thereby "tipped the scales" in favor of the prosecution. By failing to...
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