Opinion
2014-02-5
The PEOPLE, etc., respondent, v. Jonathan BATISTA, appellant.
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.
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 A.D.3d 803, 803, 954 N.Y.S.2d 554), and, thus, does not preclude his excessive sentence claim. However, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675). ENG, P.J., BALKIN, DICKERSON, LOTT and MILLER, JJ., concur.