Ordered that the judgment is affirmed.
The defendant contends that his statements during the plea allocution raised the possibility of a justification defense which cast significant doubt upon his guilt and rendered his plea involuntary. However, the defendant's recitations, read as a whole and in context of the case (see, People v. McGowen, 42 N.Y.2d 905), do not raise a viable justification defense to the crime to which he pleaded guilty, i.e., murder in the second degree based on a depraved indifference to human life (see, People v. Toxey, 86 N.Y.2d 725, 726; People v. Lopez; 71 N.Y.2d 662, 667). The allocution minutes demonstrate that the defendant's plea was entered knowingly, voluntarily, and intelligently, and that he understood the crime to which he was pleading guilty.
The defendant's purported waiver of his right to appeal his sentence was not valid (see, People v. Rose, 236 A.D.2d 637; People v. Rolon, 220 A.D.2d 543). Accordingly, we have examined the defendant's contention that the sentence was excessive but find it to be without merit (see, People v. Suitte, 90 A.D.2d 80).
Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.