| People v Batista |
| 2012 NY Slip Op 07311 [100 AD3d 650] |
| November 7, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JoseBatista, Appellant. |
—[*1] Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel; BenjaminJ. 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 ofguilty, 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 NY3d257 [2011]; People v Lopez, 6NY3d 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 (seePeople v Suitte, 90 AD2d 80 [1982]).
The defendant's remaining contentions, raised in his pro se supplemental brief, are withoutmerit. Rivera, J.P., Balkin, Leventhal and Chambers, JJ., concur.