People v Batista
2014 NY Slip Op 00675 [114 AD3d 696]
February 5, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
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), for appellant.

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

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, P.J., Balkin, Dickerson, Lott and Miller, JJ., concur.