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People v. Miller

Supreme Court of New York, Second Department

September 25, 2013

The People of the State of New York, respondent,
v.
Daryl K. Miller, appellant. Ind. No. 2863-10

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.

RANDALL T. ENG, P.J., REINALDO E. RIVERA, JOHN M. LEVENTHAL, SANDRA L. SGROI, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Weber, J.), imposed August 1, 2012, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 N.Y.3d 257, 267; People v Lopez, 6 N.Y.3d 248, 257; People v DeSimone, 80 N.Y.2d 273, 283), and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant's contention, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

ENG, P.J., RIVERA, LEVENTHAL and SGROI, JJ., concur.


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