The People, etc., respondent, v. Sean P. Berkley, appellant.

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

The People, etc., respondent, v. Sean P. Berkley, appellant.

2012–00344 (Ind.No. 1669–09)

Decided: September 25, 2013

RANDALL T. ENG, P.J. PETER B. SKELOS SHERI S. ROMAN JEFFREY A. COHEN, 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—December 28, 2012


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.


Aprilanne Agostino

Clerk of the Court

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