| People v Sanders |
| 2020 NY Slip Op 00930 [180 AD3d 1327] |
| February 7, 2020 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Wade Sanders, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Sherry A. Chase of counsel), fordefendant-appellant.
John J. Flynn, District Attorney, Buffalo (Donna A. Milling of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), renderedDecember 13, 2017. The judgment convicted defendant, upon a plea of guilty, of leavingthe scene of an incident resulting in death without reporting.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: On appeal from a judgment convicting him, upon his plea of guilty,of leaving the scene of an incident resulting in death without reporting (Vehicle andTraffic Law § 600 [2] [a], [c] [ii]), defendant contends that his waiver ofthe right to appeal is invalid and that his sentence is unduly harsh and severe. The recordestablishes that his oral waiver, coupled with the written waiver of the right to appeal,was knowing, intelligent, and voluntary (see generally People v Thomas,34 NY3d 545, 560-566 [2019]; People v Lopez, 6 NY3d248, 256 [2006]; People vAllen, 174 AD3d 1456, 1456-1457 [4th Dept 2019], lv denied 34 NY3d978 [2019]), and that valid waiver forecloses his challenge to the severity of the sentence(see Lopez, 6 NY3d at 255). Present—Peradotto, J.P., Carni, Curran,Winslow and DeJoseph, JJ.