Patricia Pazner, New York, NY (Russ Altman-Merino of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Michael Lazard on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Mary L. Bejarano, J.), imposed September 6, 2022, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The record does not establish that the defendant's waiver of the right to appeal was knowing, voluntary, and intelligent, as the Supreme Court mischaracterized the nature of the right to appeal by stating that the defendant's conviction and sentence would be final (see People v Bisono, 36 NY3d 1013, 1017-1018 [2020]; People v Boykin, 219 AD3d 499 [2d Dept 2023]; People v Saunders, 206 AD3d 826 [2022]). Thus, the purported waiver does not preclude this Court's review of the defendant's excessive sentence claim.

Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Barros, J.P., Chambers, Ford and Voutsinas, JJ., concur.