Opinion
October 10, 1995
Appeal from the Supreme Court, Kings County (Kriendler, J.).
Ordered that the sentence is affirmed.
As the record indicates that the defendant was incorrectly informed that he was not entitled to appellate review of his sentence on the ground that it was excessive, his purported waiver of his right to appeal cannot be considered knowing, voluntary, and intelligent (see generally, People v. DeSimone, 80 N.Y.2d 273, 282-283). We have examined the defendant's contention that the sentence was excessive and find it to be without merit (see, People v. Kazepis, 101 A.D.2d 816). Mangano, P.J., Bracken, O'Brien, Pizzuto and Goldstein, JJ., concur.