| People v Taylor |
| 2015 NY Slip Op 07690 [132 AD3d 915] |
| October 21, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Baydr Taylor, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Erica Horwitz of counsel), for appellant.
Daniel L. Master, Jr., Acting District Attorney, Staten Island, N.Y. (Morrie I.Kleinbart of counsel), for respondent.
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 seconddegree 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 NY3d337, 340 [2015]; People vBradshaw, 18 NY3d 257, 265 [2011]; People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Avendano, 119 AD3d597, 598 [2014]; People vFloyd, 112 AD3d 963 [2013]; People v Jones, 106 AD3d 1106 [2013]; People v Sommerville, 104AD3d 880 [2013]) and, thus, does not preclude review of his excessive sentenceclaim. However, the sentence imposed was not excessive (see People v Suitte, 90AD2d 80 [1982]).
The defendant's contention that he was improperly sentenced as a second felonyoffender is unpreserved for appellate review since he did not contest or controvert hisstatus as a second felony offender when he had the opportunity to do so at the sentencinghearing (see CPL 470.05 [2]; People v Samms, 95 NY2d 52, 57 [2000];People v Smith, 73 NY2d 961, 962-963 [1989]; People v Moshier, 110 AD3d832, 833 [2013]; People vSimmons, 73 AD3d 1095, 1096 [2010]; People v Delston, 30 AD3d 536 [2006]).
The defendant's remaining contention is without merit. Rivera, J.P., Balkin,Dickerson and Cohen, JJ., concur.