Opinion
February 8, 1999
Appeal from the Supreme Court, Kings County (Lebowitz, J.).
Ordered that the sentence is affirmed.
The record indicates the defendant was incorrectly informed that he was not entitled to appellate review of his sentence on the ground that it was excessive, and therefore the purported waiver of his right to appeal that issue cannot be considered knowing, voluntary, and intelligent ( see, People v. Rose, 236 A.D.2d 637). Accordingly, we have considered the defendant's contention that the sentence was excessive, but find it to be without merit ( see, People v. Kazepis, 101 A.D.2d 816).
Mangano, P. J., Bracken, Sullivan and McGinity, JJ., concur.