People v. Nicholson

*905As the People correctly concede, the sentence imposed upon the defendant’s conviction of attempted assault in the second degree (attempted felony assault) must be modified to run concurrently with the sentence imposed upon the conviction of attempted sexual abuse in the first degree (see Penal Law § 70.25 [2]; People v Parks, 95 NY2d 811, 814-815 [2000]; People v Middleton, 32 AD3d 557, 558 [2006]; People v Ahedo, 229 AD2d 588 [1996]).

As to the defendant’s contention that his sentence was excessive, while a defendant who has validly waived the right to appeal cannot invoke this Court’s…