People v. Hayes

Decision Date14 January 1992
PartiesThe PEOPLE of the State of New York, Respondent, v. Donald HAYES, Defendant-Appellant.
CourtNew York Supreme Court — Appellate Division

Before MILONAS, J.P., and ROSENBERGER, ELLERIN, ROSS and RUBIN, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J., at jury trial and sentence), rendered August 2, 1990, convicting defendant of hindering prosecution in the first degree and tampering with physical evidence, and sentencing him as a predicate felony offender to concurrent terms of imprisonment of from 3 1/2 to 7 years, and from 2 to 4 years, respectively, unanimously affirmed. The matter is remitted to Supreme Court, New York County for further proceedings pursuant to CPL 460.50(5).

Defendant was jointly indicted and tried with his brothers, Bruce and Roy Hayes, for crimes committed in connection with the murder of a male neighbor of co-defendant Bruce Hayes.

The People's main witness testified that she saw and heard evidence that Bruce, carrying out prior threats, killed the victim in the basement hallway and dragged the body into a basement storage room. A telephone call made by Bruce brought defendant to the building and into the basement storage room, from which emanated sounds similar to the sawing of wood. At some point defendant left the storage room and returned with his brother Roy.

When asked for a shopping cart, the witness complied, and then observed defendant and his brothers carrying the cart, laden with a cargo enclosed in black plastic bags, out of the building. The witness also cleaned up some blood from the wall of the building hallway, fearing for her safety and that of her four children.

Later that day, the decapitated and dismembered body of the victim, packaged in black plastic bags, was found by motorists at the 122nd Street rest stop on the West Side Highway.

This evidence, viewed in the light most favorable to the People and giving them the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, 476 N.Y.S.2d 825, 465 N.E.2d 364, cert. denied, 469 U.S. 932, 105 S.Ct. 327, 83 L.Ed.2d 264), is sufficient as a matter of law to support the jury's determination of defendant's guilt of hindering prosecution in the first degree and tampering with physical evidence. Moreover, after independently reviewing the facts, we find that the verdict was not against the weight of the evidence (People v. Bleakley, 69...

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6 cases
  • People v. Hayes
    • United States
    • New York Supreme Court Appellate Division
    • March 25, 1993
  • People v. Palmer
    • United States
    • New York City Court
    • April 7, 1998
    ...... (See, e.g., People v. DeRosa, 165 A.D.2d 831, 560 N.Y.S.2d 215 [2d Dept.], app. denied, 76 N.Y.2d 985, 563 N.Y.S.2d 773, 565 N.E.2d 522 [1990] [burial of murder victim]; People v. Hayes, 179 A.D.2d 438, 578 N.Y.S.2d 558 [1st Dept.], app. denied, 79 N.Y.2d 858, 580 N.Y.S.2d 730, 588 N.E.2d 765 [1992] [murder, dismemberment, and dumping of body]; People v. Cosby, 200 A.D.2d 682, 606 N.Y.S.2d 753 [2d Dept.], app denied, 83 N.Y.2d 851, 612 N.Y.S.2d 382, 634 N.E.2d 983 [1994] [murder, ......
  • People v. Monje
    • United States
    • New York Supreme Court Appellate Division
    • January 14, 1992
  • People v. Pappas
    • United States
    • New York City Court
    • December 14, 1994
    ......        In addition, the element of the crime of Tampering With Physical Evidence that the defendant believed that physical evidence was about to be produced or used in an official proceeding is not sufficiently pleaded. See, People v. Hayes, 179 A.D.2d 438, 578 N.Y.S.2d 558 (1st Dept.1992); People v. Nicholas, 70 A.D.2d 804, 417 N.Y.S.2d 495 (1st Dept.1979). In Hayes, the defendant assisted another in carrying cargo enclosed in paper bags from an apartment. The dismembered and decapitated bodies of the victims were later found in ......
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