People v Johnson
2012 NY Slip Op 00982 [92 AD3d 696]
February 7, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


The People of the State of New York, Respondent,
v
Vernon Johnson, Appellant.

—[*1] Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Guy Arcidiacono of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Weber, J.), imposed November 12, 2010, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

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.P.J., Dillon, Eng, Lott and Miller, JJ., concur.