People v. Baptiste

Appellate Division of the Supreme Court of New York

People v. Baptiste

131 A.D.3d 1178, 16 N.Y.S.3d 745

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

DecidedSeptember 23, 2015

Docket2013-08097

StatusPublished

This text of 131 A.D.3d 1178 (People v. Baptiste) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Baptiste, 131 A.D.3d 1178, 16 N.Y.S.3d 745 (N.Y. Ct. App. 2015).

Pincite

Opinion

Appeal by the de fendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Chun, J.), imposed March 12, 2013, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

As the defendant correctly contends, the waiver of his right to appeal was invalid. Notwithstanding the defendant’s execution of the written waiver form, it cannot be said that he knowingly, intelligently, and voluntarily waived his right to appeal (see People v Bradshaw, 18 NY3d 257 [2011]; People v Brown, *1179 122 AD3d 133, 145-146 [2014]). Therefore, review of his excessive sentence claim is not precluded.

However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Balkin, Dickerson, Chambers and Duffy, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI