Legal Opinion

People v. Johnson

Appellate Division of the Supreme Court of the State of New York

Decided February 7, 2012PublishedCited by 1 opinion

1Opinion of the Court

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.

2Cases cited3 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. EldridgeAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. BanchsAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by1 opinion

  1. People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2012