People v. Haynes

Appellate Division of the Supreme Court of New York

People v. Haynes

180 A.D.2d 911, 580 N.Y.S.2d 666, 1992 N.Y. App. Div. LEXIS 2569

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 20, 1992

StatusPublished

Cited by2 cases

This text of 180 A.D.2d 911 (People v. Haynes) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Haynes, 180 A.D.2d 911, 580 N.Y.S.2d 666, 1992 N.Y. App. Div. LEXIS 2569 (N.Y. Ct. App. 1992).

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Opinion

Appeal from a judgment of the County Court of Sullivan County (Zittell, J.), rendered November 30, 1990, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fourth degree.

Initially, we note that defendant waived his right to appeal the conviction as part of his guilty plea (see, People v Seaberg, 74 NY2d 1; People v Brown, 160 AD2d 1039). Furthermore, defendant failed to move to withdraw his plea or to vacate the judgment of conviction; he therefore failed to preserve for judicial review the challenge to the sufficiency of the plea allocution (see, People v Claudio, 64 NY2d 858; People v Clickner, 128 AD2d 917, lv denied 70 NY2d 644). In any event, a review of the plea minutes establishes that County Court made sufficient inquiry of defendant and that defendant’s plea was knowingly, intelligently and voluntarily made (see, People v Harris, 103 AD2d 891). Defendant’s contention that he received ineffective assistance of counsel is also rejected (see, People v Baldi, 54 NY2d 137), as is his claim that the prison sentence he received as a second felony offender of 4 to 8 years was harsh and excessive (see, People v Mackey, 136 AD2d 780, lv denied 71 NY2d 899).

Weiss, P. J., Yesawich Jr., Crew III, Mahoney and Harvey, JJ., concur. Ordered that the appeal is dismissed.

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Appeal from a judgment of the County Court of Sullivan County (Zittell, J.), rendered November 30, 1990, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fourth degree.

Initially, we note that defendant waived his right to appeal the conviction as part of his guilty plea (see, People v Seaberg, 74 NY2d 1; People v Brown, 160 AD2d 1039). Furthermore, defendant failed to move to withdraw his plea or to vacate the judgment of conviction; he therefore failed to preserve for judicial review the challenge to the sufficiency of the plea allocution (see, People v Claudio, 64 NY2d 858; People v Clickner, 128 AD2d 917, lv denied 70 NY2d 644). In any event, a review of the plea minutes establishes that County Court made sufficient inquiry of defendant and that defendant’s plea was knowingly, intelligently and voluntarily made (see, People v Harris, 103 AD2d 891). Defendant’s contention that he received ineffective assistance of counsel is also rejected (see, People v Baldi, 54 NY2d 137), as is his claim that the prison sentence he received as a second felony offender of 4 to 8 years was harsh and excessive (see, People v Mackey, 136 AD2d 780, lv denied 71 NY2d 899).

Weiss, P. J., Yesawich Jr., Crew III, Mahoney and Harvey, JJ., concur. Ordered that the appeal is dismissed.

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Bluebook (online)

180 A.D.2d 911, 580 N.Y.S.2d 666, 1992 N.Y. App. Div. LEXIS 2569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-haynes-nyappdiv-1992.

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