Seymour W. James, Jr., New York, N.Y. (Heidi Bota of counsel), for appellant.

Kenneth P. Thompson, 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 (Foley, J.), imposed January 29, 2013, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant did not validly waive his right to appeal his sentence (see People v Lopez, 6 NY3d 248, 256 [2006]). Thus, review of his excessive sentence claim is not precluded. However, the sentence imposed was not excessive (see People v Hayes, 91 AD3d 792 [2012]). Eng, P.J., Dillon, Lott, Sgroi and Maltese, JJ., concur.