Majority
p. 696The People of the State of New York, Respondent, v Vernon Johnson, Appellant. [937 NYS2d 886]
Under 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.
Cases cited
- People v. Suitte 90 AD2d 80 p. 696