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 attempted use of a child in a sexual performance (Penal Law §§ 110.00, 263.05) and rape in the third degree (§ 130.25 [2]). Defendant's written waiver of the right to appeal and defendant's responses during the plea proceeding establish that the waiver...
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