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PEOPLE v. BATISTA

Ind. No. 2823/16. Appeal No. 17010. Case No. 2018-4059.

211 A.D.3d 648 (2022)

179 N.Y.S.3d 557

2022 NY Slip Op 07517

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

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

Decided December 29, 2022.

Attorney(s) appearing for the Case

Justine M. Luongo, The Legal Aid Society, New York (Steven J. Miraglia of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Shane Magnetti of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, Singh, Moulton, Mendez, JJ.

Judgment, Supreme Court, Bronx County (William I. Mogulescu, J.), rendered March 9, 2017, convicting defendant, upon his plea of guilty, of robbery in the third degree, and sentencing him to five years' probation, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 N.Y.3d 545, 564 [2019], cert denied 589 US ___, 140 S.Ct. 2634 [2020]). To the extent that the court's oral colloquy may be viewed as suggesting...

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