¶1Under the particular circumstances of this case, the defendant’s waiver of the right to appeal does not foreclose his right to challenge the sentence ultimately imposed (see People v Banchs, 22 AD3d 595 [2005]; People v Eldridge, 8 AD3d 294, 295 [2004]). Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, A.PJ., Dillon, Eng, Lott and Miller, JJ., concur.
92 A.D.3d 696
People v. Johnson
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2012
Appellate Division of the Supreme Court of the State of New York · decided 2012-02-07
Decided 2012-02-07