Opinion
March 25, 1996
Appeal from the Supreme Court, Kings County (R. Goldberg, J.).
Ordered that the sentence is affirmed.
Under the circumstances of this case, the defendant's waiver of his right to appeal was ineffective ( see, People v Patterson, 211 A.D.2d 829; People v Prescott, 196 A.D.2d 599). We have examined the defendant's contention that the sentence was excessive and find it to be without merit ( see, People v Patterson, supra; People v Suitte, 90 A.D.2d 80). Mangano, P.J., Balletta, O'Brien, Pizzuto and Florio, JJ., concur.