The People, etc., respondent, v. Michael A. Jones, appellant. (2014)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Michael A. Jones, appellant.

2012–07771 (Ind.No. 1421–0)

Decided: May 14, 2014

RANDALL T. ENG, P.J. RUTH C. BALKIN THOMAS A. DICKERSON CHERYL E. CHAMBERS SYLVIA O. HINDS–RADIX, JJ.

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.

Submitted—March 28, 2014

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Weber, J.), imposed January 30, 2012, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's waiver of his right to appeal was invalid (see People v. Bradshaw, 18 NY3d 257, 265). However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

ENG, P.J., BALKIN, DICKERSON, CHAMBERS and HINDS–RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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