PEOPLE v. MCKNIGHT (2024)

Supreme Court, Appellate Division, Fourth Department, New York.

The PEOPLE of the State of New York, Respondent, v. Steven MCKNIGHT, Defendant-Appellant.

572 Decided: September 27, 2024

PRESENT: SMITH, J.P., CURRAN, MONTOUR, NOWAK, AND DELCONTE, JJ.

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.

MEMORANDUM AND ORDER

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, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied ––– U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]; People v. Dumas, 227 A.D.3d 1509, 1509, 209 N.Y.S.3d 699 [4th Dept. 2024]; People v. Gilbert, 225 A.D.3d 1274, 1274-1275, 205 N.Y.S.3d 826 [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, 208 N.Y.S.3d 790 [4th Dept. 2024]; People v. Tennant, 217 A.D.3d 1564, 1564, 190 N.Y.S.3d 567 [4th Dept. 2023]), we conclude that the sentence is not unduly harsh or severe.

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