People v. Hall

6 Citing cases

  1. People v. Hall

    2023 N.Y. Slip Op. 97174 (N.Y. 2023)

    Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 1st Dept: 210 A.D.3d 482 (NY)

  2. People v. Flores

    2023 N.Y. Slip Op. 51414 (N.Y. App. Term 2023)   Cited 2 times

    The recent amendments to CPL 30.30, which extended statutory speedy trial limitations to traffic infractions charged in the same accusatory instrument with certain other offenses (see CPL 30.30[1][e]), are not retroactive, and do not apply to criminal actions commenced prior to the January 1, 2020 effective date of the legislation (see L 2019, ch 59, part KKK, § 1), such as this 2017 action (see People v Galindo, 38 N.Y.3d 199 [2022]; People v Hall, 210 A.D.3d 482, 483 [2022], lv denied 39 N.Y.3d 1078 [2023]; People v Lara-Medina, 195 A.D.3d 542 [2021], lv denied 37 N.Y.3d 993 [2021]). We decline defendant's invitation to vacate his conviction in the interest of justice.

  3. People v. McCullers

    2023 N.Y. Slip Op. 51350 (N.Y. App. Term 2023)

    Defendant forfeited review of his speedy trial claim by pleading guilty (see People v. Suarez, 55 N.Y.2d 940 [1982]). The recent amendments to CPL 30.30, which, inter alia, permit a defendant who pleaded guilty to raise a statutory speedy trial claim on appeal (see CPL 30.30[6]), are not retroactive, and do not apply to criminal actions commenced prior to the January 1, 2020 effective date of the legislation (see L 2019, ch 59, part KKK, § 1), such as this 2016 action (see People v. Galindo, 38 N.Y.3d 199 [2022]; People v. Hall, 210 A.D.3d 482, 483 [2022], lv denied 39 N.Y.3d 1078 [2023]; People v. Lara-Medina, 195 A.D.3d 542 [2021], lv denied 37 N.Y.3d 993 [2021]). Given the defects in the plea colloquy, and the absence of any other basis for finding voluntariness, defendant would be entitled to have his plea vacated.

  4. People v. Heidt

    2023 N.Y. Slip Op. 51190 (N.Y. App. Term 2023)

    Defendant forfeited review of his speedy trial claim by pleading guilty (see People v Suarez, 55 N.Y.2d 940 [1982]). The recent amendments to CPL 30.30, which, inter alia, permit a defendant who pleaded guilty to raise a statutory speedy trial claim on appeal (see CPL 30.30[6]), and extended statutory speedy trial limitations to traffic infractions charged in the same accusatory instrument with certain other offenses (see CPL 30.30[1][e]), are not retroactive, and do not apply to criminal actions commenced prior to the January 1, 2020 effective date of the legislation (see L 2019, ch 59, part KKK, § 1), such as this 2016 action (see People v Galindo, 38 N.Y.3d 199 [2022]; People v Hall, 210 A.D.3d 482, 483 [2022], lv denied 39 N.Y.3d 1078 [2023]; People v Lara-Medina, 195 A.D.3d 542 [2021], lv denied 37 N.Y.3d 993 [2021]). We decline defendant's invitation to vacate his conviction in the interest of justice.

  5. People v. Rodriguez

    187 N.Y.S.3d 639 (N.Y. App. Div. 2023)

    Defendant forfeited review of his speedy trial claim by pleading guilty (seePeople v. Suarez, 55 N.Y.2d 940, 449 N.Y.S.2d 176, 434 N.E.2d 245 [1982] ). "Defendant was convicted before the effective date of the current version of CPL 30.30(6), which prospectively permits defendants who plead guilty to raise statutory speedy trial claims on appeal, but which is not retroactive" ( People v. Hall, 210 A.D.3d 482, 483, 176 N.Y.S.3d 480 [1st Dept. 2022], lv denied 39 N.Y.3d 1078, 184 N.Y.S.3d 275, 204 N.E.3d 1057 [2023] ; seePeople v. Lara–Medina, 195 A.D.3d 542, 145 N.Y.S.3d 804 [1st Dept. 2021], lv denied 37 N.Y.3d 993, 152 N.Y.S.3d 426, 174 N.E.3d 366 [2021] ). Neither ( People v. Acosta , 189 A.D.3d 508, 508, 133 N.Y.S.3d 807 [2020], lv denied 36 N.Y.3d 1094, 144 N.Y.S.3d 119, 167 N.E.3d 1254 [2021] ) nor ( People v. Person , 184 A.D.3d 447, 126 N.Y.S.3d 14 [2020], lv denied 35 N.Y.3d 1069, 129 N.Y.S.3d 387, 152 N.E.3d 1189 [2020] ), require a contrary result because those cases only addressed the issue of waivability and not retroactivity.

  6. People v. Rodriguez

    2023 N.Y. Slip Op. 2390 (N.Y. App. Div. 2023)

    Defendant forfeited review of his speedy trial claim by pleading guilty (see People v Suarez, 55 N.Y.2d 940 [1982]). "Defendant was convicted before the effective date of the current version of CPL 30.30(6), which prospectively permits defendants who plead guilty to raise statutory speedy trial claims on appeal, but which is not retroactive" (People v Hall, 210 A.D.3d 482, 483 [1st Dept 2022], lv denied 39 N.Y.3d 1078 [2023]; see People v Lara-Medina, 195 A.D.3d 542 [1st Dept 2021], lv denied 37 N.Y.3d 993 [2021]). Neither People v Acosta (189 A.D.3d 508, 508 [2020], lv denied 36 N.Y.3d 1094 [2021]) nor People v Person (184 A.D.3d 447 [2020], lv denied 35 N.Y.3d 1069 [2020]), require a contrary result because those cases only addressed the issue of waivability and not retroactivity.