| People v Sommerville |
| 2013 NY Slip Op 01862 [104 AD3d 880] |
| March 20, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Wesley Sommerville, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart ofcounsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Richmond County (Rienzi, J.), imposed January 10, 2011, on the ground that thesentence was excessive.
Ordered that the sentence is affirmed.
The defendant's purported waiver of the right to appeal was invalid (see People v Bradshaw, 18NY3d 257, 265 [2011]; People v Lopez, 6 NY3d 248, 256-257 [2006]), and thusdoes not preclude review of his excessive sentence claim. However, the sentenceimposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J.,Mastro, Dickerson, Lott and Miller, JJ., concur.