PEOPLE v. BAPTISTA

645 KA 19-01760.

196 A.D.3d 1068 (2021)

147 N.Y.S.3d 475

2021 NY Slip Op 04312

The People of the State of New York, Respondent, v. Andre Baptista, Appellant.

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

Decided July 9, 2021.


Attorney(s) appearing for the Case

PETER J. DIGIORGIO, JR. , UTICA, FOR DEFENDANT-APPELLANT.

SCOTT D. McNAMARA , DISTRICT ATTORNEY, UTICA ( STEVEN G. COX OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Centra, Lindley, Troutman and Bannister, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of attempted murder in the second degree (Penal Law §§ 110.00, 125.25[1]), defendant contends that he did not validly waive his right to appeal and that his sentence is unduly harsh and severe. Even assuming, arguendo, that defendant's waiver of the right...

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