People v. Batista

• Decision Date: 07 November 2012
• Parties: The PEOPLE, etc., respondent, v. Jose BATISTA, appellant.
• Court: New York Supreme Court — Appellate Division

100 A.D.3d 650
952 N.Y.S.2d 903
2012 N.Y. Slip Op. 07311

The PEOPLE, etc., respondent,
v.
Jose BATISTA, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Nov. 7, 2012.

Gary E. Eisenberg, New City, N.Y., for appellant, and appellant pro se.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel; Benjamin J. Stanger on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Rockland County (Kelly, J.), rendered December 9, 2009, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's purported waiver of his right to appeal was invalid ( see People v. Bradshaw, 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645;People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145) 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 A.D.2d 80, 455 N.Y.S.2d 675).

*904The defendant's remaining contentions, raised in his pro se supplemental brief, are without merit.

RIVERA, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.