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The PEOPLE, etc., respondent, v. Odyssey HEAD, appellant.

Decided: February 22, 2017

RANDALL T. ENG, P.J., JOHN M. LEVENTHAL, SANDRA L. SGROI, JEFFREY A. COHEN and ROBERT J. MILLER, JJ. Lynn W.L. Fahey, New York, N.Y. (Anna Kou of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel; Gregory Musso on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed May 6, 2015, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record of the plea proceeding did not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, and, thus, as the People correctly concede, the purported waiver of the defendant's right to appeal is not enforceable (see People v. Bynum, 142 AD3d 1183; People v. Burnett–Hicks, 133 AD3d 773). Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).