Majority
p. 896The People of the State of New York, Respondent, v Henrri J. Serpas, Appellant. [63 NYS3d 732]
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
p. 897
invalid (see People v Bradshaw, 18 NY3d 257 [2011]; People v Brown, 122 AD3d 133 [2014]) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
Eng, P.J., Leventhal, Austin, Duffy and Barros, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 p. 897
- People v. Brown 122 AD3d 133 p. 897
- People v. Suitte 90 AD2d 80 p. 897