Seymour W. James, Jr., New York, NY (Allen Fallek of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart of counsel), for respondent.
RANDALL T. ENG, P.J., JOHN M. LEVENTHAL, THOMAS A. DICKERSON, ROBERT J. MILLER, and COLLEEN D. DUFFY, JJ.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Rienzi, J.), imposed November 28, 2011, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed. aware of its contents” (People v. Brown, 122 A.D.3d 133, 145, 992 N.Y.S.2d 297 ; see People v. Gordon, 127 A.D.3d at 1231, 5 N.Y.S.3d 900 ). Accordingly, “despite [the] defendant's execution of a written waiver of the right to appeal, he did not knowingly, intelligently, or voluntarily waive his right to appeal as the record fails to demonstrate a ‘full appreciation of the consequences of such waiver’ ” (People v. Elmer, 19 N.Y.3d 501, 510, 950 N.Y.S.2d 77, 973 N.E.2d 172, quoting People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; see People v. Callahan, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108 ; People v. Gordon, 127 A.D.3d at 1231, 5 N.Y.S.3d 900 ).
Nevertheless, contrary to the defendant's contention, the sentence imposed was not excessive (see People v. Delgado, 80 N.Y.2d 780, 783, 587 N.Y.S.2d 271, 599 N.E.2d 675 ; People v. Thompson, 60 N.Y.2d 513, 519, 470 N.Y.S.2d 551, 458 N.E.2d 1228 ; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
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