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 criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). The valid waiver by defendant of the right to appeal encompasses his challenge to the factual sufficiency of the plea allocution and, in any event, he failed to preserve that contention...
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