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People v. Baptiste

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Sep 19, 2018
164 A.D.3d 1357 (N.Y. App. Div. 2018)

Opinion

2016–06291 Ind.No. 7653/14

09-19-2018

The PEOPLE, etc., respondent, v. Kevin BAPTISTE, appellant.

Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.

ALAN D. SCHEINKMAN, P.J., WILLIAM F. MASTRO, SHERI S. ROMAN, HECTOR D. LASALLE, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Betty Williams, J.), imposed May 11, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's valid waiver of his right to appeal, which included both an oral and a written waiver, precludes appellate review of his contention that the sentence imposed was excessive (see People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Munoz, 154 A.D.3d 881, 62 N.Y.S.3d 278 ).

SCHEINKMAN, P.J., MASTRO, ROMAN, LASALLE and CHRISTOPHER, JJ., concur.


Summaries of

People v. Baptiste

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Sep 19, 2018
164 A.D.3d 1357 (N.Y. App. Div. 2018)
Case details for

People v. Baptiste

Case Details

Full title:The People of the State of New York, respondent, v. Kevin Baptiste…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Sep 19, 2018

Citations

164 A.D.3d 1357 (N.Y. App. Div. 2018)
164 A.D.3d 1357
2018 N.Y. Slip Op. 6104

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