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The People of the State of New York v. Stanley J. Hinson

New York v. Stanley J. Hinson

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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 — 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]).

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