People v. Quander
Opinion
| People v Quander |
| 2023 NY Slip Op 00586 |
| Decided on February 3, 2023 |
| 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 February 3, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, BANNISTER, AND MONTOUR, JJ.
958 KA 17-01907
v
KEVIN M. QUANDER, DEFENDANT-APPELLANT.
MARK D. FUNK, CONFLICT DEFENDER, ROCHESTER (KATHLEEN P. REARDON OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Monroe County Court (Victoria M. Argento, J.), rendered October 5, 2017. The judgment convicted defendant upon a plea of guilty of murder in the first degree and attempted robbery in the first degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of murder in the first degree (Penal Law
§ 125.27 [1] [a] [vii]; [b]) and attempted robbery in the first degree (§§ 110.00, 160.15 [3]). As defendant contends and the People correctly concede, defendant did not validly waive his right to appeal (see People v Jackson, 207 AD3d 1077, 1077-1078 [4th Dept 2022], lv denied 38 NY3d 1151 [2022]; see generally People v Thomas, 34 NY3d 545, 565-566 [2019], cert denied — US &mdash, 140 S Ct 2634 [2020]). We nevertheless conclude that the sentence is not unduly harsh or severe.
Entered: February 3, 2023
Ann Dillon Flynn
Clerk of the Court
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181 N.Y.S.3d 516 (People v. Quander) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.