Opinion
No. 357 KA 21-01173
07-26-2024
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STANLEY J. HINSON, DEFENDANT-APPELLANT.
JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (TONYA PLANK OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (TONYA PLANK OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
PRESENT: LINDLEY, J.P., CURRAN, OGDEN, KEANE, AND HANNAH, JJ.
Appeal from a judgment of the Supreme Court, Monroe County (Judith A. Sinclair, J.), rendered August 17, 2021. The judgment convicted defendant upon a guilty plea of attempted burglary in the second 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 attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]). Contrary to defendant's contention, his waiver of the right to appeal was knowing, voluntary, and intelligent (see generally People v Thomas, 34 N.Y.3d 545, 560-563 [2019], cert denied ___ U.S. ___, 140 S.Ct. 2634 [2020]; People v Brooks, 188 A.D.3d 1630, 1630 [4th Dept 2020], lv denied 36 N.Y.3d 1055 [2021]). That valid waiver forecloses review of defendant's request that we exercise our interest of justice jurisdiction to adjudicate him a youthful offender (see People v Latimore, 179 A.D.3d 1551, 1551-1552 [4th Dept 2020], lv denied 35 N.Y.3d 971 [2020]).