People v Hinson
2024 NY Slip Op 03939 [229 AD3d 1191]
July 26, 2024
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 4, 2024


[*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 &mdash, 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.