It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of rape in the first degree (Penal Law § 130.35[1]). As the People correctly concede, even if we assume that the waiver of the right to appeal executed by defendant is valid, "`none of the issues [defendant] raises would be foreclosed from review by [that] valid waiver of the right to appeal'" (...
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