| People v Sanders |
| 2025 NY Slip Op 05333 [242 AD3d 1498] |
| October 3, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Kashbi Sanders, Appellant. |
Julie Cianca, Public Defender, Rochester (Rezvaneh Ganji of counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Lisa Gray of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.), rendered September 20, 2022. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him, upon a plea of guilty, of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [2]), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. Contrary to defendant's contention, his waiver of the right to appeal was knowing, voluntary, and intelligent (see People v Williams, 237 AD3d 1581, 1582 [4th Dept 2025], lv denied 44 NY3d 985 [2025]; People v Reynolds, 236 AD3d 1475, 1475 [4th Dept 2025]; see generally People v Thomas, 34 NY3d 545, 559-564 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]). Defendant's valid waiver of the right to appeal encompasses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 255-256 [2006]). Present—Whalen, P.J., Curran, Smith, Ogden and Hannah, JJ.