The People, etc., respondent, v. Daryl K. Miller, appellant.

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

The People, etc., respondent, v. Daryl K. Miller, appellant.

2012–08594 (Ind.No. 2863–10)

Decided: September 25, 2013

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

Submitted—June 28, 2013

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 NY3d 257, 267;  People v. Lopez, 6 NY3d 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.

ENTER:

Aprilanne Agostino

Clerk of the Court

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