People v. Batista

Judgment of the Supreme Court, New York County (Jeffrey Atlas, J.), rendered September 9, 1988, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and, upon his guilty plea, of criminal sale of a controlled substance in the third degree, for which defendant was sentenced to concurrent terms of 5 to 10 years, unanimously affirmed.

The only issues raised on appeal concern review of the rulings of two successive motion courts which denied defendant’s motion to dismiss the indictment pursuant to CPL 30.30, and the purported excessiveness of…