Ordered that the sentence is affirmed.
The defendant's waiver of the right to appeal was invalid, because the Supreme Court incorrectly stated during the discussion of the appeal waiver that the waiver encompassed post-conviction motions (see People v Thomas, 34 N.Y.3d 545 [2019]). Therefore, the purported waiver does not foreclose appellate review of the issue of whether the sentence imposed was excessive.
However, the sentence imposed was not excessive...
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