Opinion
2000-04917
Submitted February 26, 2003.
March 31, 2003.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered April 19, 2000, convicting him of attempted burglary in the first degree and attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller of counsel), for appellant, and appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller, Glenn Green, and Michael Blakey of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's purported waiver of his right to appeal was not valid (see People v. DeSimone, 80 N.Y.2d 273, 282-283). We have examined the defendant's contention that the sentence was excessive and find it to be without merit (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions, raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit.
FLORIO, J.P., S. MILLER, FRIEDMANN, TOWNES and MASTRO, JJ., concur.