September 25, 2013
The People of the State of New York, respondent,
Sean P. Berkley, appellant Ind. No. 1669-09
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), for respondent.
RANDALL T. ENG, P.J., PETER B. SKELOS, SHERI S. ROMAN, JEFFREY A. COHEN, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Weber, J.), imposed May 24, 2011, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's purported waiver of the right to appeal was invalid (see People v Bradshaw, 18 N.Y.3d 257, 265; People v Lopez, 6 N.Y.3d 248, 256-257) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).
ENG, P.J., SKELOS, ROMAN and COHEN, JJ., concur.