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 after a jury trial of gang assault in the first degree (Penal Law § 120.07) and assault in the second degree (§ 120.05 [1]). After defendant was sentenced and filed his notice of appeal, he waived his right to appeal with respect to the judgment at issue herein as part of a plea agreement...
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