Legal Opinion

People v. Haynes

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

Decided February 2, 2010PublishedCited by 24 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hudson, J.), rendered July 30, 2008, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his adjudication as a persistent violent felony offender was invalid because the predicate statement filed by the People failed to set forth any tolling periods, while relying on a conviction that was more than 10 years old (see CPL 400.15 [2]). However, his valid waiver of his right to appeal precludes him from…

2Cases cited16 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. People v. FordNew York Court of Appeals · 1995
  4. People v. BouyeaNew York Court of Appeals · 1985
  5. People v. ClarkeNew York Court of Appeals · 1999

11 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. People v. BennettAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. PatelAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. KosseAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. MillerAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. EsquivelAppellate Division of the Supreme Court of the State of New York · 2012

19 more not listed; retrieve them via the Exa API.

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