Opinion
2020–06450 Ind. No. 220/17
06-21-2023
The PEOPLE, etc., respondent, v. Eugene JOHNSON, appellant.
Geoffrey E. Chanin, Goshen, NY, for appellant. David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.
Geoffrey E. Chanin, Goshen, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.
ANGELA G. IANNACCI, J.P., PAUL WOOTEN, BARRY E. WARHIT, LILLIAN WAN, JJ.
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 A.D.3d 1301, 1302, 125 N.Y.S.3d 901 ). 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 A.D.3d 1123, 1124, 70 N.Y.S.3d 656 ).
IANNACCI, J.P., WOOTEN, WARHIT and WAN, JJ., concur.