People v. Hines

Opinion

People v Hines

2026 NY Slip Op 04345

July 9, 2026

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

The People of the State of New York, Respondent,

v

Raheem Hines, Appellant.

Decided and Entered:July 9, 2026

CR-24-1282

Calendar Date: June 12, 2026

Before: Garry, P.J., Clark, Reynolds Fitzgerald, Corcoran And Ryba, JJ.

Matthew C. Hug, Albany, for appellant, and appellant pro se.

Lee C. Kindlon, District Attorney, Albany (Emily Schultz of counsel), for respondent.

[*1]

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, ___ AD3d ___ [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 AD2d 979 [3d Dept 1985], lv denied 67 NY2d 650 [1986]; see generally People v Beaty, 22 NY3d 490 [2014]; People v Stokes, 95 NY2d 633 [2001]).

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

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