PEOPLE v. BRUCE (2023)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered July 23, 2018, convicting him of attempted assault in the first degree, robbery in the first degree, and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention relating to his waiver of inquiry pursuant to People v. Outley, 80 N.Y.2d 702, 594 N.Y.S.2d 683, 610 N.E.2d 356 is unpreserved for appellate review (see CPL 470.05[2];  People v. Chambers, 158 A.D.3d 774, 774, 68 N.Y.S.3d 753), and we decline to review it in the exercise of our interest of justice jurisdiction.

The defendant's purported waiver of his right to appeal is invalid (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145;  People v. Wiltshire, 199 A.D.3d 1025, 154 N.Y.S.3d 788;  People v. Coverdale, 189 A.D.3d 1610, 136 N.Y.S.3d 335).  Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur.