People v. Davis (97 A.D.3d 763, 2012)

The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Moyett, 7 NY3d 892, 893 [2006]; People v Jacob, 94 AD3d 1142 [2012]) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, A.P.J, Dillon, Eng, Lott and Miller, JJ., concur.