Appellate Division of the Supreme Court of New York, 2025

People v. Sanders

People v. Sanders
Appellate Division of the Supreme Court of New York · Decided October 3, 2025
2025 NY Slip Op 05333
People v. Sanders

Opinion

People v Sanders (2025 NY Slip Op 05333)

People v Sanders
2025 NY Slip Op 05333
Decided on October 3, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on October 3, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CURRAN, SMITH, OGDEN, AND HANNAH, JJ.

601 KA 22-01676

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

KASHBI SANDERS, DEFENDANT-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 — NY3d — [2025]; People v Reynolds, 236 AD3d 1475, 1475 [4th Dept 2025]; see generally People v Thomas, 34 NY3d 545, 559-564 [2019], cert denied — US —, 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]).

Entered: October 3, 2025

Ann Dillon Flynn

Clerk of the Court



Opinion

People v Sanders (2025 NY Slip Op 05333)
People v Sanders
2025 NY Slip Op 05333
Decided on October 3, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on October 3, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CURRAN, SMITH, OGDEN, AND HANNAH, JJ.

601 KA 22-01676

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

KASHBI SANDERS, DEFENDANT-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 — NY3d — [2025]; People v Reynolds, 236 AD3d 1475, 1475 [4th Dept 2025]; see generally People v Thomas, 34 NY3d 545, 559-564 [2019], cert denied — US —, 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]).

Entered: October 3, 2025

Ann Dillon Flynn

Clerk of the Court



Opinion

People v Sanders (2025 NY Slip Op 05333)

People v Sanders
2025 NY Slip Op 05333
Decided on October 3, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on October 3, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CURRAN, SMITH, OGDEN, AND HANNAH, JJ.

601 KA 22-01676

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

KASHBI SANDERS, DEFENDANT-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 — NY3d — [2025]; People v Reynolds, 236 AD3d 1475, 1475 [4th Dept 2025]; see generally People v Thomas, 34 NY3d 545, 559-564 [2019], cert denied — 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]).

Entered: October 3, 2025

Ann Dillon Flynn

Clerk of the Court



Case-law data current through December 31, 2025. Source: CourtListener bulk data.