People v. Batista
This text of 114 A.D.3d 696 (People v. Batista) 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.
Opinion
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Kron, J.), imposed February 15, 2011, on the ground that the sentence is excessive.
Ordered that the sentence is affirmed.
The defendant’s purported waiver of the right to appeal is invalid (see People v Pelaez, 100 AD3d 803, 803 [2012]), and, thus, does not preclude his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, PJ., Balkin, Dickerson, Lott and Miller, JJ., concur.
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Cite This Page — Counsel Stack
114 A.D.3d 696, 979 N.Y.S.2d 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-batista-nyappdiv-2014.