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PEOPLE v. BATISTA

2014-11805. Ind. No. 910/11.

167 A.D.3d 69 (2018)

86 N.Y.S.3d 492

2018 NY Slip Op 07445

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANARDO BATISTA, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 7, 2018.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York City ( A. Alexander Donn of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( John M. Castellano , Johnnette Traill and Anastasia Spanakos of counsel; Eleanor Reilly on the memorandum), for respondent.

BARROS, CONNOLLY and IANNACCI, JJ., concur with LEVENTHAL, J.; SCHEINKMAN, P.J., concurs, and votes to affirm the sentence in an opinion in which LEVENTHAL, BARROS, CONNOLLY and IANNACCI, JJ. concur.

OPINION OF THE COURT

The defendant was convicted, upon his plea of guilty, of robbery in the first degree, and his plea of guilty included a waiver of his right to appeal. The defendant appeals, as limited by his motion, from the sentence solely on the ground that the sentence was excessive. "[W]hen a defendant enters into...

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