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 [2005]; People v Eldridge, 8 AD3d 294, 295 [2004]). Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, A.PJ., Dillon, Eng, Lott and Miller, JJ., concur.
The People of the State of New York, Respondent, v. Vernon Johnson, Appellant
92 A.D.3d 696937 N.Y.S.2d 886
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