Opinion
2002-09312.
Decided December 15, 2003.
Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Rockland County (Kelly, J.), imposed January 23, 2002, on the ground that the sentence is excessive.
Arleen Lewis, New City, N.Y., for appellant.
Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan of counsel), for respondent.
Before: ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the sentence is affirmed.
Under the circumstances of this case, the defendant's purported waiver of his right to appeal his sentence cannot be considered knowing, voluntary, and intelligent ( see People v. Williams, 258 A.D.2d 544). Accordingly, we have considered the defendant's contention that the sentence was excessive, but find it to be without merit ( see People v. Kazepis, 101 A.D.2d 816).
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.