People v Hinson, 2024 NY Slip Op 03939 [229 AD3d 1191]

July 26, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Stanley J. Hinson, Appellant.

Julie Cianca, Public Defender, Rochester (Tonya Plank 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 (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 NY3d 545 , 560-563 [2019], cert denied 589 US —, 140 S Ct 2634 [2020]; People v Brooks , 188 AD3d 1630 , 1630 [4th Dept 2020], lv denied 36 NY3d 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 AD3d 1551 , 1551-1552 [4th Dept 2020], lv denied 35 NY3d 971 [2020]). Present—Lindley, J.P., Curran, Ogden, Keane and Hannah, JJ..