PEOPLE v. WILLIAMS (1999)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Robert WILLIAMS, appellant.

Decided: February 08, 1999

GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, THOMAS R. SULLIVAN and LEO F. McGINITY, JJ.

Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Thomas M. Ross of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Lebowitz, J.), imposed September 23, 1997.

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, 654 N.Y.S.2d 693). 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, 475 N.Y.S.2d 351).

MEMORANDUM BY THE COURT.

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