Majority
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rienzi, J.), rendered May 3, 2012, convicting him of attempted murder in the second degree and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s purported waiver of his right to appeal was invalid (see People v Sanders, 25 NY3d 337 , 340 [2015]; People v Bradshaw, 18 NY3d 257 , 265 [2011]; People v Lopez, 6 NY3d 248 , 256-257 [2006]; People v Avendano, 119 AD3d 597 , 598 [2014]; People v Floyd, 112 AD3d 963 [2013]; People v Jones, 106 AD3d 1106 [2013]; People v Sommerville, 104 AD3d 880 [2013]) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant’s contention that he was improperly sentenced as a second felony offender is unpreserved for appellate review since he did not contest or controvert his status as a second
The defendant’s remaining contention is without merit.
Rivera, J.P., Balkin, Dickerson and Cohen, JJ., concur.
Cases cited
- People v. Sanders 25 NY3d 337 at 340 p. 915
- People v. Bradshaw 18 NY3d 257 at 265 p. 915
- People v. Lopez 6 NY3d 248 at 256-257 p. 915
- People v. Avendano 119 AD3d 597 at 598 p. 915
- People v. Suitte 90 AD2d 80 p. 915
- People v. Samms 95 NY2d 52 at 57 p. 916
- People v. Smith 73 NY2d 961 at 962-963 p. 916
- People v. Moshier 110 AD3d 832 at 833 p. 916
- People v. Delston 30 AD3d 536 p. 916