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 a plea of guilty of sexual abuse in the first degree (Penal Law § 130.65 [1]), defendant contends that his waiver of indictment was jurisdictionally defective. Although we agree with defendant that his contention need not be preserved for our review (see People v. Boston,
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