
    The People of the State of New York, Respondent, v Kenneth Ward, Appellant.
    [639 NYS2d 959]
   Under the circumstances of this case, the defendant’s waiver of his right to appeal was ineffective (see, People v Patterson, 211 AD2d 829; People v Prescott, 196 AD2d 599). We have examined the defendant’s contention that the sentence was excessive and find it to be without merit (see, People v Patterson, supra; People v Suitte, 90 AD2d 80). Mangano, P. J., Balletta, O’Brien, Pizzuto and Florio, JJ., concur.  