People v Batista

2014 NY Slip Op 00675 [114 AD3d 696]

February 5, 2014

Appellate Division, Second Department

As corrected through Wednesday, March 26, 2014

The People of the State of New York,Respondent, v Jonathan Batista, Appellant.

—[*1]Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), forappellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, MerriT. Lasky, and Christine DiSalvo of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Queens County (Kron, J.), imposed February 15, 2011, on the ground that thesentence 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 AD3d803, 803 [2012]), and, thus, does not preclude his excessive sentence claim.However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d80 [1982]). Eng, P.J., Balkin, Dickerson, Lott and Miller, JJ., concur.