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 rape in the first degree (Penal Law § 130.35 [1]), defendant contends that his attorney became a witness against him and thus that he was denied effective assistance of counsel. We reject that contention. Contrary to defendant's contention, defense counsel did not take a position...
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