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The People of the State of New York v. Steven McKnight

New York v. Steven McKnight

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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. 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 NY3d 545, 564-566 [2019], cert denied — US —, 140 S Ct 2634 [2020]; People v. Dumas, 227 AD3d 1509, 1509 [4th Dept 2024]; People v. Gilbert, 225 AD3d 1274, 1274-1275 [4th Dept 2024]) or otherwise does not encompass his challenge to the severity of the sentence (see People v. Loomis, 227 AD3d 1461, 1461 [4th Dept 2024]; People v. Tennant, 217 AD3d 1564, 1564 [4th Dept 2023]), we conclude that the sentence is not unduly harsh or severe.

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