Opinion
2012-02-7
The PEOPLE, etc., respondent, v. Vernon JOHNSON, appellant.
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.
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 A.D.3d 595, 801 N.Y.S.2d 760; People v. Eldridge, 8 A.D.3d 294, 295, 777 N.Y.S.2d 668). Nevertheless, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).