PEOPLE v. HINES (2025)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Princston HINES, Defendant–Appellant.

4113

Decided: April 15, 2025

Kern, J.P., Gesmer, Mendez, O'Neill Levy, Michael, JJ.

Twyla Carter, The Legal Aid Society, New York (Clara Hammond-Oakley of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Jennifer Mitchell of counsel), for respondent.

Judgment, Supreme Court, New York County (April Newbauer, J. at motion, plea, and sentencing), rendered May 26, 2022, convicting defendant of attempted murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to two concurrent terms of 10 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]), which foreclose his challenge to the denial of his motion to controvert a search warrant and review of his excessive sentence claim (see People v. Samuels, 195 A.D.3d 570, 570–571, 146 N.Y.S.3d 483 [1st Dept. 2021], lv denied 37 N.Y.3d 1148, 159 N.Y.S.3d 348, 180 N.E.3d 512 [2021]).

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