It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon a plea of guilty of assault in the first degree (Penal Law § 120.10[3]), defendant contends and the People correctly concede that his waiver of the right to appeal is invalid because Supreme Court "mischaracterized it as an `absolute bar' to the taking of an appeal" (People v Dozier, 179 A.D.3d 1447, 1447 [4th Dept...
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