The People, etc., respondent, v. Kerri Watts, appellant. (2011)

Submitted—August 26, 2011

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Del Giudice, J.), imposed May 5, 2010, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Under the circumstances of this case, the defendant's waiver of the right to appeal does not foreclose her right to challenge the sentence ultimately imposed (see People v. Banchs, 22 AD3d 595;  People v. Eldridge, 8 AD3d 294, 295).   Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

PRUDENTI, P.J., BALKIN, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court