The People, etc., respondent, v. Sean P. Berkley, appellant.
Submitted—December 28, 2012
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 NY3d 257, 265; People v. Lopez, 6 NY3d 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.
Clerk of the Court