People v Matos

2013 NY Slip Op 00357 [102 AD3d 890]

January 23, 2013

Appellate Division, Second Department

As corrected through Wednesday, February 27, 2013

The People of the State of New York,Respondent, v Victor Matos, Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and LoriGlachman of counsel; Gregory Musso on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Kings County (Dwyer, J.), imposed September 22, 2010, on the ground that thesentence was excessive.

Ordered that the sentence is affirmed.

Inasmuch as the record does not demonstrate that the defendant's purported waiver ofhis right to appeal was made knowingly, voluntarily, and intelligently, it may not beenforced (see People vBradshaw, 18 NY3d 257, 264-265 [2011]). Nevertheless, the sentence imposedwas not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J.,Angiolillo, Balkin and Sgroi, JJ., concur.