147 A.D.3d 1083
N.Y. App. Div.
2017

The People of the State of New York, Respondent, v Odyssey Head, Appellant.

Appellate Division of the Supreme Court of New York

47 NYS3d 713

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed May 6, 2015, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The record of the plea proceeding did not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, and, thus, as the People correctly concede, the purported waiver of the defendant’s right to appeal is not enforceable (see People v Bynum, 142 AD3d 1183 [2016]; People v Burnett-Hicks, 133 AD3d 773 [2015]). Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Leventhal, Sgroi, Cohen and Miller, JJ., concur.