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PEOPLE v. BATISTA

S.C.I. No. 55/16. 2017-04993.

165 A.D.3d 1158 (2018)

84 N.Y.S.3d 385

2018 NY Slip Op 07137

The People of the State of New York, Respondent, v. Jose E. Batista, Appellant.

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

Decided October 24, 2018.

Ordered that the judgment is affirmed.

The defendant was convicted of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty. Prior to pleading guilty, the defendant waived his right to indictment and agreed to proceed by superior court information. The defendant also waived his right to appeal.

We need not determine whether the defendant's purported waiver of the right to appeal...

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