| People v Head |
| 2017 NY Slip Op 01384 [147 AD3d 1083] |
| February 22, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Odyssey Head, Appellant. |
Lynn W. L. Fahey, New York, NY (Anna Kou of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Keith Dolan ofcounsel; Gregory Musso on the memorandum), for respondent.
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 thesentence 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 correctlyconcede, the purported waiver of the defendant's right to appeal is not enforceable (see People v Bynum, 142 AD3d1183 [2016]; People vBurnett-Hicks, 133 AD3d 773 [2015]). Nevertheless, the sentence imposed was notexcessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Leventhal, Sgroi, Cohenand Miller, JJ., concur.