Opinion
2012-11-7
The PEOPLE, etc., respondent, v. Jose BATISTA, appellant.
Gary E. Eisenberg, New City, N.Y., for appellant, and appellant pro se. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel; Benjamin J. Stanger on the brief), for respondent.
Gary E. Eisenberg, New City, N.Y., for appellant, and appellant pro se. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel; Benjamin J. 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 of guilty, 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 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645;People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant's contention, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
*904The defendant's remaining contentions, raised in his pro se supplemental brief, are without merit.