Opinion
No. 572 KA 22-00441
09-27-2024
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STEVEN MCKNIGHT, DEFENDANT-APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ERIN A. TRESMOND OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL J. KEANE, ACTING DISTRICT ATTORNEY, BUFFALO (JERRY MARTI OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ERIN A. TRESMOND OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL J. KEANE, ACTING DISTRICT ATTORNEY, BUFFALO (JERRY MARTI OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CURRAN, MONTOUR, NOWAK, AND DELCONTE, JJ.
Appeal from a judgment of the Erie County Court (Susan M. Eagan, J.), rendered March 8, 2022. The judgment convicted defendant upon his plea of guilty of attempted robbery in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10 [2] [b]), defendant contends that his waiver of the right to appeal is invalid and that the sentence is unduly harsh and severe. Even assuming, arguendo, that defendant's waiver of the right to appeal was not knowingly, voluntarily, and intelligently entered (see People v Thomas, 34 N.Y.3d 545, 564-566 [2019], cert denied - U.S. -, 140 S.Ct. 2634 [2020]; People v Dumas, 227 A.D.3d 1509, 1509 [4th Dept 2024]; People v Gilbert, 225 A.D.3d 1274, 1274-1275 [4th Dept 2024]) or otherwise does not encompass his challenge to the severity of the sentence (see People v Loomis, 227 A.D.3d 1461, 1461 [4th Dept 2024]; People v Tennant, 217 A.D.3d 1564, 1564 [4th Dept 2023]), we conclude that the sentence is not unduly harsh or severe.