People v. Batista

Nov 7, 2012
Versions:100 A.D.3d 650
952 N.Y.S.2d 903

Ordered that the judgment is affirmed.

The defendant‘s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248 [2006]) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant‘s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant‘s remaining contentions, raised in his pro se supplemental brief, are without merit. Rivera, J.P, Balkin, Leventhal and Chambers, JJ., concur.