PEOPLE v. MOHAMMED SHOMAN

Ordered that the judgment is affirmed.

The record is insufficient to demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v DeSimone, 80 NY2d 273, 283; People v Gladden, 267 AD2d 400; People v Dongo, 244 AD2d 353). However, since the defendant pleaded guilty with the express understanding that if he failed to complete a drug treatment program, the Supreme Court would impose the enhanced sentence of which he now complains, he has no basis to now complain that his sentence was excessive ( see People v Williams, 70 AD3d 733; People v Billups, 63 AD3d 750; see also People v Kazepis, 101 AD2d 816). In any event, under the circumstances, the sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).