PEOPLE v. HINES (2026)

MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Roger McDonough, J.), rendered January 12, 2024 in Albany County, convicting defendant upon his plea of guilty of the crime of attempted murder in the second degree.

In satisfaction of a five-count indictment alleging the commission of various offenses in May 2022, defendant pleaded guilty to attempted murder in the second degree and agreed to waive his right to appeal.  Defendant did so with the understanding that he would be sentenced, as a second felony offender, to 25 years in prison, to be followed by five years of postrelease supervision.  Although the plea offer itself was “exclusive to this case,” the parties contemplated that the sentence imposed in an unrelated matter would run concurrently to the one imposed in this one (see People v. Hines, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2026 WL 1978693 [3d Dept 2026] [decided herewith] ).  Supreme Court imposed the agreed-upon sentence.  Defendant appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal.  Based upon our review of the record, counsel's brief and defendant's pro se supplemental brief, and the People's response, 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.