People v Sunderland, 2015 NY Slip Op 09704 [134 AD3d 1137]

December 30, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Jeremy Sunderland, Appellant.

Robert C. Mitchell, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Marcia R. Kucera of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Efman, J.), imposed December 18, 2013, 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 Santana , 122 AD3d 949 , 949 [2014]; People v Lian Qiu , 121 AD3d 918 , 919 [2014]), and, thus, does not preclude review of his claim that his sentence is excessive. The sentence, however, is not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Eng, P.J., Chambers, Austin, Roman and LaSalle, JJ., concur..