PEOPLE v. WADDY

Ordered that the appeal from the sentence under Indictment NO. 2899/94 is dismissed as academic; and it is further,

Ordered that the amended sentence under Indictment NO. 11519/91 is affirmed.

Under the circumstances, the defendant's waiver of the right to appeal from the amended sentence under Indictment No. 11519/91 is not enforceable (see, People v. Wimple, 198 A.D.2d 464, 465; People v. Prescott, 196 A.D.2d 599). However, the defendant's contention that the amended sentence was excessive is without merit (see, People v. Suitte, 90 A.D.2d 80).

The defendant concedes that because he has completed the sentence imposed under Indictment No. 2899/94, the issue of whether that sentence was excessive is academic.

Mangano, P.J., Bracken, Copertino, Sullivan and McGinity, JJ., concur.