Summary
This Appellate Division, Fourth Department opinion addresses an appeal by Kashbi Sanders following his guilty plea conviction for attempted robbery in the first degree. The defendant challenged the validity of his waiver of the right to appeal and argued that his sentence was unduly harsh and severe. The court held that the waiver was knowing, voluntary, and intelligent, thereby encompassing the challenge to the sentence's severity, and unanimously affirmed the lower court's judgment.
Topics
Practice areas
Questions Presented
- Whether the defendant's waiver of the right to appeal was knowing, voluntary, and intelligent.
- Whether the defendant's challenge to the severity of his sentence is barred by his valid waiver of the right to appeal.
Holdings
- The waiver was valid—knowing, voluntary, and intelligent.
- The defendant’s valid waiver of the right to appeal encompasses his challenge to the severity of the sentence, and the judgment is affirmed.
Key quotations
“It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.”
Factual background
Kashbi Sanders pleaded guilty to attempted robbery in the first degree and was sentenced. He argued that his waiver of the right to appeal was not knowing, voluntary, or intelligent, and that the sentence imposed was excessively harsh.
Procedural history
The trial court (Supreme Court, Monroe County) entered a conviction after the defendant pleaded guilty to attempted robbery in the first degree. The defendant appealed, asserting that his waiver of the right to appeal was invalid and that his sentence was unduly harsh.