Opinion
2016-08682, Ind. No. 2141/15.
11-15-2017
The PEOPLE, etc., Respondent, v. Henrri J. SERPAS, Appellant.
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of Counsel), for appellant. Emily Constant, Acting District Attorney, Riverhead, NY (Lauren Tan of Counsel), for respondent.
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of Counsel), for appellant.
Emily Constant, Acting District Attorney, Riverhead, NY (Lauren Tan of Counsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Condon, J.), imposed June 27, 2016, 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 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ) 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, 455 N.Y.S.2d 675 ).
ENG, P.J., LEVENTHAL, AUSTIN, DUFFY and BARROS, JJ., concur.