Legal Opinion

People v. Batista

Appellate Division of the Supreme Court of the State of New York

Decided November 29, 2011PublishedCited by 3 opinions

1Opinion 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.

2Cases cited1 opinion

  1. People v. StokesNew York Court of Appeals · 2001

3Cited by3 opinions

  1. People v. BarrettAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. BarrettAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2015