People v. Bynum

142 A.D.3d 1183, 37 N.Y.S.3d 904

Opinion

Appeal by the de-

fendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed July 17, 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 is inadequate to demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, and thus, the purported waiver of his right to appeal is not enforceable (see People v Matos, 102 AD3d 890, 891 [2013]). Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Balkin, Dickerson, Hinds-Radix and Barros, JJ., concur.