The People, etc., respondent, v. Vernon Johnson, appellant.

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

The People, etc., respondent, v. Vernon Johnson, appellant.

2010–11421 (Ind.No. 1753/10)

Decided: February 07, 2012

WILLIAM F. MASTRO, A.P.J. MARK C. DILLON RANDALL T. ENG PLUMMER E. LOTT ROBERT J. MILLER, JJ. 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.

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.

ENTER:

Aprilanne Agostino

Clerk of the Court

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