People v. Hayes
Opinion of the Court
Appeal from a judgment of the County Court of Saratoga County (Seibert, Jr., J.), rendered May 24, 1995, convicting defendant upon his plea of guilty of the crime of murder in the second degree.
Upon pleading guilty to murder in the second degree, defendant was sentenced to a prison term of 20 years to life. Defendant now contends on appeal that his plea was not knowing and voluntary as it was obtained by duress. As defendant did not move to withdraw his guilty plea or vacate the judgment of conviction, he has failed to preserve this claim for our review (see, People v Russell, 237 AD2d 841; People v Tien, 228 AD2d 280, lv denied 88 NY2d 970). In any event, defendant’s claim is unavailing. A review of the record indicates that defendant was fully informed of the implications of pleading guilty and he was afforded an opportunity to discuss the matter with his
Mikoll, J. P., Mercure, Casey, Yesawich Jr. and Carpinello, JJ., concur. Ordered that the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.