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 murder in the second degree (Penal Law § 125.25 [1]). The challenge by defendant to the factual sufficiency of the plea allocution with respect to his intent to commit murder and a possible extreme emotional disturbance defense is encompassed by his valid waiver...
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