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People v. Hayes

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 358 (N.Y. App. Div. 1997)

Opinion

May 5, 1997

Appeal from the County Court, Rockland County (Kelly, J.).


Ordered that the judgment is affirmed.

We have examined the record and find that the defendant's plea of guilty and his waiver of his right to appeal, made with the advice of his counsel, were knowingly, intelligently, and voluntarily entered as a part of a plea agreement ( see, People v Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1). In any event, the defendant's challenge to the factual adequacy of his plea allocution is unpreserved for appellate review ( see, People v. Claudio, 64 N.Y.2d 858; People v. Kimble, 176 A.D.2d 822), and without merit ( see, People v. Harris, 61 N.Y.2d 9, 16; People v Nixon, 21 N.Y.2d 338, 353).

Furthermore, the defendant was afforded meaningful representation of counsel ( see, People v. Rivera, 71 N.Y.2d 705, 708; People v. Baldi, 54 N.Y.2d 137, 146-147).

Bracken, J.P., O'Brien, Santucci, Friedmann and Goldstein, JJ., concur.


Summaries of

People v. Hayes

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 358 (N.Y. App. Div. 1997)
Case details for

People v. Hayes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL HAYES, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 5, 1997

Citations

239 A.D.2d 358 (N.Y. App. Div. 1997)
657 N.Y.S.2d 973

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