People v. Hayes
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered December 8, 1988, convicting him of sodomy in the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s waiver of his rights comports with the standards set out in People v Harris (61 NY2d 9). Contrary to the defendant’s claim, the court ensured that the defendant was aware that he did not have to plead guilty and that he could proceed to trial if he had any question regarding the facts. Moreover, the record indicates that the defendant thought about the plea, conferred with his attorney, and voluntarily rephrased his statement of the facts of the crime to remove any ambiguity. Thus, the defendant’s plea was knowing, intelligent, and voluntary.
Furthermore, contrary to his assertions, the defendant received the effective assistance of counsel. In order to prevail on a claim of ineffective assistance of counsel, the defendant must overcome the presumption of effectiveness and show that counsel failed to provide "meaningful representation” (People v Jackson, 70 NY2d 768, 769). Additionally, the defendant must show that, but for counsel’s allegedly deficient performance, he would not have pleaded guilty and would have insisted upon going to trial (see, Hill v Lockhart, 474 US 52,
We have considered the defendant’s remaining contentions and find them to be without merit. Mangano, P. J., Balletta, Eiber, Pizzuto and Santucci, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.