—[*1] Lynn W.L. Fahey, New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel; Jonathan K. Yi on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hirsch, J.), rendered June 26, 2012, convicting him of burglary in the third degree, criminal mischief in the second degree, possession of burglar's tools, criminal possession of stolen property in the fifth degree, aggravated unlicensed operation of a motor vehicle in the first degree, failure to stop at an intersection, and operating a motor vehicle and permitting it to be operated in this state without having in full force financial security, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's purported waiver of his right to appeal was invalid. The record does not demonstrate that the defendant "grasped the concept of the appeal waiver and the nature of the right he was forgoing" (People v Bradshaw, 18 NY3d 257, 267 [2011]; see People v Springer, 109 AD3d 557, 557 [2013] [internal quotation marks omitted]; People v Grant, 83 AD3d 862, 862-863 [2011]). Therefore, "notwithstanding the written appeal waiver form, it cannot be said that defendant knowingly, intelligently and voluntarily waived his right to appeal" (People v Bradshaw, 18 NY3d at 267; see People v Elmer, 19 NY3d 501, 510 [2012]; People v Vasquez, 101 AD3d 1054, 1055 [2012]; cf. People v Ramos, 7 NY3d 737, 738 [2006]). Accordingly, review of the defendant's excessive sentence claim is not precluded.

Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P., Balkin, Sgroi and Hinds-Radix, JJ., concur.