People v Johnson, 2023 NY Slip Op 03362 [217 AD3d 883]

June 21, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, 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.

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 AD3d 1301 , 1302 [2020]). 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 AD3d 1123 , 1124 [2018]). Iannacci, J.P., Wooten, Warhit and Wan, JJ., concur..