People v. Hayes
| Decision Date | 20 September 2007 |
| Citation | 9 N.Y.3d 923,875 N.E.2d 897 |
| Parties | PEOPLE v. HAYES (ROBERT). |
| Court | New York Court of Appeals Court of Appeals |
Appeal from 4th Dept.: 39 A.D.3d 1175, 832 N.Y.S.2d 852 (Oneida).
Application for leave to criminal appeal denied. (Smith, J.)
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9 cases
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People v. Wolf
... ... Further, [d]efendant's contention is belied by the record of the plea proceeding, which establishes that [her] factual allocution was lucid and detailed and that defendant understood both the nature of the proceedings and that [s]he was waiving various rights ( People v. Hayes, 39 A.D.3d 1173, 1175, 834 N.Y.S.2d 784, lv. denied 9 N.Y.3d 923, 844 N.Y.S.2d 178, 875 N.E.2d 897). Defendant responded to the court's questions in a clear manner, repeatedly confirmed that she understood the proceedings, and declined opportunities to speak with her attorney. Thus, nothing in the ... ...
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People v. Ernst
... ... ring hollow in light of [her] admissions during the plea colloquy (People v. McNally, 59 A.D.3d 959, 960, 872 N.Y.S.2d 324, lv. denied 12 N.Y.3d 819, 881 N.Y.S.2d 26, 908 N.E.2d 934, quoting Alexander, 97 N.Y.2d at 486, 743 N.Y.S.2d 45, 769 N.E.2d 802 ; see People v. Hayes, 39 A.D.3d 1173, 1175, 834 N.Y.S.2d 784, lv. denied 9 N.Y.3d 923, 844 N.Y.S.2d 178, 875 N.E.2d 897 ).It is hereby ORDERED that the judgment so appealed from is unanimously ... ...
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People v. Davis
... ... Furthermore, [d]efendant's contention is belied by the record of the plea proceeding, which establishes that his factual allocution was lucid and detailed and that defendant understood both the nature of the proceedings and that he was waiving various rights (People v. Hayes, 39 A.D.3d 1173, 1175, 834 N.Y.S.2d 784, lv. denied 9 N.Y.3d 923, 844 N.Y.S.2d 178, 875 N.E.2d 897 ). In light of those circumstances, we cannot conclude that this case is one 129 A.D.3d 1615of those rare instance[s] in which defendant was entitled to a hearing on his motion (Tinsley, 35 N.Y.2d at ... ...
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People v. Watson
... ... Hayes, 39 A.D.3d 1173, 1175, 834 N.Y.S.2d 784 [4th Dept. 2007], lv denied 9 N.Y.3d 923, 844 N.Y.S.2d 178, 875 N.E.2d 897 [2007] ; see Davis, 129 A.D.3d at 1614, 11 N.Y.S.3d 778 ). Finally, defendant's challenge to the severity of the enhanced sentence imposed as a result of his postplea conduct is not ... ...
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