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.