The People, etc., respondent, v. Vernon Johnson, appellant.
Submitted—December 30, 2011
DECISION & ORDER
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; People v. Eldridge, 8 AD3d 294, 295). Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
MASTRO, A.P.J., DILLON, ENG, LOTT and MILLER, JJ., concur.
Clerk of the Court