People v. Hayes

Decision Date29 July 1996
Citation646 N.Y.S.2d 355,229 A.D.2d 596
PartiesThe PEOPLE, etc., Respondent, v. James HAYES, Appellant.
CourtNew York Supreme Court — Appellate Division

James Hayes, Dannemora, appellant pro se.

Francis D. Phillips II, District Attorney, Goshen (Richard B. Schoenberg, of counsel), for respondent.

Before MANGANO, P.J., and ROSENBLATT, PIZZUTO and HART, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the County Court, Orange County (Byrne, J.), rendered February 15, 1994, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal his conviction and sentence as part of his negotiated plea of guilty (see, People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108). Thus, the defendant is precluded from claiming that the sentence imposed by the court was excessive (see, People v. Callahan, supra; People v. Sanchez, 198 A.D.2d 244, 604 N.Y.S.2d 805).

The defendant further alleges that he is entitled to a credit toward his sentence for a 58-day period that he spent at a "secure rehabilitation center pursuant to a court order". However, this claim is properly brought in a CPLR article 78 proceeding and not on direct appeal from a judgment of conviction (see, e.g., Matter of Gant v. O'Keefe, 143 A.D.2d 460, 532 N.Y.S.2d 457).

The defendant's remaining contentions are either waived or without merit.

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3 cases
  • People v. Gladkowski
    • United States
    • New York Supreme Court — Appellate Division
    • November 24, 1997
    ...as part of the negotiated plea of guilty (see, People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Hayes, 229 A.D.2d 596, 646 N.Y.S.2d 355). Thus, the defendant is precluded from claiming that the sentence imposed was excessive (see, People v. Callahan, supra; Peop......
  • People v. Spagnola
    • United States
    • New York Supreme Court — Appellate Division
    • December 1, 1997
    ...from claiming, inter alia, that the sentence imposed by the court was excessive (see, People v. Callahan, supra; People v. Hayes, 229 A.D.2d 596, 646 N.Y.S.2d 355; People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d BRACKEN, J.P., and PIZZUTO, ALTMAN, KRAUSMAN and LERNER, JJ., concur. ...
  • People v. Hayes
    • United States
    • New York Court of Appeals Court of Appeals
    • December 13, 1996
    ...725 654 N.Y.S.2d 725 89 N.Y.2d 923, 677 N.E.2d 297 People v. James Hayes Court of Appeals of New York Dec 13, 1996 Levine, J. 229 A.D.2d 596, 646 N.Y.S.2d 355 App.Div. 2, Orange Denied. ...

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