Appellate Division of the Supreme Court of New York, 2011

People v. Batista

People v. Batista
Appellate Division of the Supreme Court of New York · Decided November 29, 2011
89 A.D.3d 1099; 933 N.Y.2d 585
People v. Batista

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

*1100Upon this Court’s independent review of the record, we conclude that nonfrivolous issues exist, including, but not necessarily limited to, the validity of the defendant’s waiver of his right to appeal and, if such waiver is found to be invalid, whether the sentence imposed was excessive. Accordingly, assignment of new counsel is warranted (see People v Stokes, 95 NY2d 633, 638 [2001]). Rivera, J.P, Dickerson, Eng and Roman, JJ., concur.

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