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 attempted burglary in the first degree (Penal Law §§ 110.00, 140.30 [2]), defendant contends that he should have been afforded the opportunity to withdraw his plea of guilty based upon a mutual mistake, i.e., the mistaken belief that defendant was a second felony...
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