As the defendant correctly contends, he did not validly waive his right to appeal (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]) and, thus, review of his excessive sentence claim is not precluded. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Mastro, Hall and Roman, JJ., concur.
The People of the State of New York, Respondent, v. Thomas Fleming, Appellant
113 A.D.3d 875978 N.Y.S.2d 904
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