PEOPLE v. HINES (2026)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Albany County (Andra Ackerman, J.), rendered January 12, 2024, convicting defendant upon his plea of guilty of the crime of assault in the first degree.

Defendant agreed to waive his right to appeal and plead guilty to an indictment charging him with assault in the first degree, the charge stemming from an August 2021 incident in which he slashed the victim in the face with a dangerous instrument.  The plea agreement contemplated that he would be sentenced, as a second felony offender, to 25 years in prison, to be followed by five years of postrelease supervision.  The agreement also contemplated that the sentence would run concurrently to one imposed upon defendant's unrelated attempted murder in the second degree conviction (see People v. Hines, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2026 WL 1978693 [3d Dept 2026] [decided herewith] ).  County Court imposed the agreed-upon sentence.  Defendant appeals.

Appellate counsel for defendant seeks to be relieved of his assignment upon the ground that there are no nonfrivolous issues to be raised on appeal.  Based upon our review of the record, counsel's brief, the People's response and defendant's pro se submission, we agree.  Accordingly, the judgment of conviction is affirmed, and counsel's request for leave to withdraw is granted (see People v. Cruwys, 113 A.D.2d 979, 493 N.Y.S.2d 653 [3d Dept 1985], lv denied 67 N.Y.2d 650, 499 N.Y.S.2d 1046, 490 N.E.2d 562 [1986];  see generally People v. Beaty, 22 N.Y.3d 490, 982 N.Y.S.2d 820, 5 N.E.3d 983 [2014];  People v. Stokes, 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 [2001] ).

ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.

Garry, P.J., Clark, Reynolds Fitzgerald, Corcoran and Ryba, JJ., concur.