Ordered that the judgment is affirmed.
The defendant's purported waiver of the right to appeal was not valid because it was based on an incorrect statement of law ( cf. People v. Brown, 13 AD3d 548, 549). However, the defendant failed to preserve for appellate review his contention that the sentencing court failed to exercise any discretion in imposing sentence ( see CPL 470.05).
The sentence imposed was not excessive ( see People v. Suitte, 90 AD2d 80).