PEOPLE v. JOHNSON (2023)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Eugene JOHNSON, appellant.

2020–06450

Decided: June 21, 2023

ANGELA G. IANNACCI, J.P., PAUL WOOTEN, BARRY E. WARHIT, LILLIAN WAN, JJ.

Geoffrey E. Chanin, Goshen, NY, for appellant. David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Robert H. Freehill, J.), rendered July 23, 2020, convicting him of conspiracy in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he did not receive an enhanced sentence, as the defendant did not receive a sentence above the County Court's promised sentence cap (see People v. Harrington, 185 AD3d 1301, 1302). Moreover, the defendant waived his contention that the court improperly imposed an enhanced sentence by consenting to the sentence imposed at the sentencing proceeding (see People v. Cannon, 158 AD3d 1123, 1124).

IANNACCI, J.P., WOOTEN, WARHIT and WAN, JJ., concur.

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