unsupported claim in New York

47 New York opinions name it 7 courts 1959–2024 3 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (26)

Case	Followed	Cited
People v. Dixongreen ny · 1971 · cited in 19 New York opinions naming this issue, 1983–2021 2 sentences 2021Where, as here, "the guilty plea was voluntarily made with the advice of counsel following an appraisal of . . . the relevant factors" ( People v Dixon , 29 NY2d 55, 57 ), the defendant "is not entitled to withdraw his guilty plea based on a subsequent unsupported claim of innocence" ( People v Boyd , 129 AD3d 854, 854 [internal quotation marks omitted]). 2020In any event, defendant's contention lacks merit inasmuch as it is based solely on an unsupported claim of innocence ( see People v Haffiz , 19 NY3d 883, 884-885 [2012]; see generally People v Dixon , 29 NY2d 55, 57 [1971]), which is belied by his statements during the plea colloquy ( see People v Dale , 142 AD3d 1287 , 1289 [4th Dept 2016], lv denied 28 NY3d 1144 [2017]; see generally Dixon , 29 NY2d at 57 ).	14	19
People v. Alexandergreen ny · 2002 · cited in 7 New York opinions naming this issue, 2003–2022 2 sentences 2022Further, "[a] defendant is not entitled to withdraw [his] guilty plea based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors" ( People v Gleen , 73 AD3d 1443, 1444 [4th Dept 2010], lv denied 15 NY3d 773 [2010] [internal quotation marks omitted]; see People v Alexander , 97 NY2d 482, 485 [2002]). 2017However, “[a] defendant is not entitled to withdraw his [or her] guilty plea based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors” (People v Fisher, 28 NY3d 717, 726 [2017] [internal quotation marks and citation omitted]; accord People v Alexander, 97 NY2d 482, 485 [2002]).	6	7
People v. Haffizgreen ny · 2012 · cited in 7 New York opinions naming this issue, 2015–2020 2 sentences 2020In any event, defendant's contention lacks merit inasmuch as it is based solely on an unsupported claim of innocence ( see People v Haffiz , 19 NY3d 883, 884-885 [2012]; see generally People v Dixon , 29 NY2d 55, 57 [1971]), which is belied by his statements during the plea colloquy ( see People v Dale , 142 AD3d 1287 , 1289 [4th Dept 2016], lv denied 28 NY3d 1144 [2017]; see generally Dixon , 29 NY2d at 57 ). 2017We therefore further conclude that defendant’s motion was based solely on an unsupported claim of innocence, and thus that the court did not abuse its discretion in denying it (see People v Haffiz, 19 NY3d 883, 884-885 [2012]; see generally People v Dixon, 29 NY2d 55, 57 [1971]).	6	7
People v. Gleengreen nyappdiv · 2010 · cited in 4 New York opinions naming this issue, 2014–2022 2 sentences 2022Further, "[a] defendant is not entitled to withdraw [his] guilty plea based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors" ( People v Gleen , 73 AD3d 1443, 1444 [4th Dept 2010], lv denied 15 NY3d 773 [2010] [internal quotation marks omitted]; see People v Alexander , 97 NY2d 482, 485 [2002]). 2014In any event, that contention lacks merit. “ ‘[A] defendant is not entitled to withdraw his guilty plea based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors’ ” (People v Alexander, 97 NY2d 482, 485 [2002]; see People v Gleen, 73 AD3d 1443, 1444 [2010], lv denied 15 NY3d 773 [2010]).	4	4
The People v. Tyrone D. Manorgreen ny · 2016 · cited in 4 New York opinions naming this issue, 2017–2017 2 sentences 2017Finally, given the nature of the materials submitted in support of the motion, the court did not abuse its discretion in denying the motion without conducting a fact-finding hearing (see People v Manor, 27 NY3d 1012, 1014 [2016]; Davis, 129 AD3d at 1614 ). 2017Finally, given the nature of the materials submitted in support of the motion, the court did not abuse its discretion in denying the motion without conducting a fact-finding hearing (see People v Manor, 27 NY3d 1012, 1014 [2016]; Davis, 129 AD3d at 1614 ).	3	4
The People v. Kevin Fishergreen ny · 2017 · cited in 2 New York opinions naming this issue, 2017–2018 2 sentences 2018Although that contention survives defendant's valid waiver of the right to appeal ( see People v Colon , 122 AD3d 1309 , 1309 [4th Dept 2014], lv denied 25 NY3d 1200 [2015]), we conclude that it lacks merit. " A defendant is not entitled to withdraw his guilty plea based on a subsequent unsupported claim of innocence[] where[, as here,] the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors' " ( People v Fisher , 28 NY3d 717, 726 [2017]). 2017However, “[a] defendant is not entitled to withdraw his [or her] guilty plea based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors” (People v Fisher, 28 NY3d 717, 726 [2017] [internal quotation marks and citation omitted]; accord People v Alexander, 97 NY2d 482, 485 [2002]).	2	2
People v. Gibsongreen nyappdiv · 2012 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014In any event, a defendant is not entitled to vacatur of his plea of guilty “based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors” (People v Dixon, 29 NY2d 55, 57 [1971]; see People v Soria, 99 AD3d at 1027 ; People v Gibson, 95 AD3d 1033, 1033-1034 [2012]; People v James, 192 AD2d 555, 556 [1993]). 2014In any event, a defendant is not entitled to vacatur of his plea of guilty “based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors” (People v Dixon, 29 NY2d 55, 57 [1971]; see People v Soria, 99 AD3d at 1027 ; People v Gibson, 95 AD3d 1033, 1033-1034 [2012]; People v James, 192 AD2d 555, 556 [1993]).	2	2
People v. Soriagreen nyappdiv · 2012 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014In any event, a defendant is not entitled to vacatur of his plea of guilty “based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors” (People v Dixon, 29 NY2d 55, 57 [1971]; see People v Soria, 99 AD3d at 1027 ; People v Gibson, 95 AD3d 1033, 1033-1034 [2012]; People v James, 192 AD2d 555, 556 [1993]). 2014In any event, a defendant is not entitled to vacatur of his plea of guilty “based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors” (People v Dixon, 29 NY2d 55, 57 [1971]; see People v Soria, 99 AD3d at 1027 ; People v Gibson, 95 AD3d 1033, 1033-1034 [2012]; People v James, 192 AD2d 555, 556 [1993]).	2	2
People v. Jamesgreen nyappdiv · 1993 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014In any event, a defendant is not entitled to vacatur of his plea of guilty “based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors” (People v Dixon, 29 NY2d 55, 57 [1971]; see People v Soria, 99 AD3d at 1027 ; People v Gibson, 95 AD3d 1033, 1033-1034 [2012]; People v James, 192 AD2d 555, 556 [1993]). 2014In any event, a defendant is not entitled to vacatur of his plea of guilty “based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors” (People v Dixon, 29 NY2d 55, 57 [1971]; see People v Soria, 99 AD3d at 1027 ; People v Gibson, 95 AD3d 1033, 1033-1034 [2012]; People v James, 192 AD2d 555, 556 [1993]).	2	2
People v. Felicianogreen ny · 1981 · cited in 2 New York opinions naming this issue, 2002–2004 2 sentences 2002For example, in People v Dixon ( 29 NY2d 55, 57 [1971]), we noted that "[a] defendant is not entitled to withdraw his guilty plea based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors * * ." Similarly, in People v Feliciano ( 53 NY2d 645 [1981]), we held that notwithstanding the defendant's claims of innocence, illness and confusion, the trial court did not abuse its discretion in denying defendant's motion to withdraw his guilty plea. [2] Nevertheless, we have recognized t 2002For example, in People v Dixon ( 29 NY2d 55, 57 [1971]), we noted that “[a] defendant is not entitled to withdraw his guilty plea based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors * Similarly, in People v Feliciano ( 53 NY2d 645 [1981]), we held that notwithstanding the defendant’s claims of innocence, illness and confusion, the trial court did not abuse its discretion in denying defendant’s motion to withdraw his guilty plea. 2 Nevertheless, we have recognized that th	1	2
Anonymous v. High School for Environmental Studiesgreen nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2024–2024 1 sentence 2024Studies, 32 AD3d 353, 359 [1st Dept 2006]).	1	1
People v. Browngreen nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2021–2021 1 sentence 2021Where, as here, "the guilty plea was voluntarily made with the advice of counsel following an appraisal of . . . the relevant factors" ( People v Dixon , 29 NY2d 55, 57 ), the defendant "is not entitled to withdraw his guilty plea based on a subsequent unsupported claim of innocence" ( People v Boyd , 129 AD3d 854, 854 [internal quotation marks omitted]).	1	1
People v. Coneygreen ny · 2017 · cited in 1 New York opinions naming this issue, 2020–2020 1 sentence 2020In any event, defendant's contention lacks merit inasmuch as it is based solely on an unsupported claim of innocence ( see People v Haffiz , 19 NY3d 883, 884-885 [2012]; see generally People v Dixon , 29 NY2d 55, 57 [1971]), which is belied by his statements during the plea colloquy ( see People v Dale , 142 AD3d 1287 , 1289 [4th Dept 2016], lv denied 28 NY3d 1144 [2017]; see generally Dixon , 29 NY2d at 57 ).	1	1
People v. Cushmangreen nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2020–2020 1 sentence 2020In any event, defendant's contention lacks merit inasmuch as it is based solely on an unsupported claim of innocence ( see People v Haffiz , 19 NY3d 883, 884-885 [2012]; see generally People v Dixon , 29 NY2d 55, 57 [1971]), which is belied by his statements during the plea colloquy ( see People v Dale , 142 AD3d 1287 , 1289 [4th Dept 2016], lv denied 28 NY3d 1144 [2017]; see generally Dixon , 29 NY2d at 57 ).	1	1
People v. Williamsgreen nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2018–2018 1 sentence 2018"The assertion of innocence by defendant in support of the motion is belied by his admission of guilt during the plea colloquy" ( People v Conde , 34 AD3d 1347, 1347 [4th Dept 2006]; see People v Newkirk , 133 AD3d 1364 , 1364 [4th Dept 2015], lv denied 26 NY3d 1148 [2016]; People v Williams , 103 AD3d 1128, 1129 [4th Dept 2013], lv denied 21 NY3d 915 [2013]; see generally People v Haffiz , 19 NY3d 883, 884-885 [2012]).	1	1
People v. Condegreen nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2018–2018 1 sentence 2018"The assertion of innocence by defendant in support of the motion is belied by his admission of guilt during the plea colloquy" ( People v Conde , 34 AD3d 1347, 1347 [4th Dept 2006]; see People v Newkirk , 133 AD3d 1364 , 1364 [4th Dept 2015], lv denied 26 NY3d 1148 [2016]; People v Williams , 103 AD3d 1128, 1129 [4th Dept 2013], lv denied 21 NY3d 915 [2013]; see generally People v Haffiz , 19 NY3d 883, 884-885 [2012]).	1	1
People v. Newkirkgreen nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2018–2018 1 sentence 2018"The assertion of innocence by defendant in support of the motion is belied by his admission of guilt during the plea colloquy" ( People v Conde , 34 AD3d 1347, 1347 [4th Dept 2006]; see People v Newkirk , 133 AD3d 1364 , 1364 [4th Dept 2015], lv denied 26 NY3d 1148 [2016]; People v Williams , 103 AD3d 1128, 1129 [4th Dept 2013], lv denied 21 NY3d 915 [2013]; see generally People v Haffiz , 19 NY3d 883, 884-885 [2012]).	1	1
People v. Fiumefreddogreen ny · 1993 · cited in 1 New York opinions naming this issue, 2017–2017 1 sentence 2017In addition, the record indicates that the plea was entered into knowingly, voluntarily, and intelligently ( see People v Fiumefreddo , 82 NY2d 536, 543 [1993]; People v Lopez , 71 NY2d at 666 ; People v Harris , 61 NY2d 9, 17 [1983]; People v Sanchez , 122 AD3d at 646-647 ; People v Gomez , 114 AD3d at 702 ).	1	1
People v. Harrisgreen ny · 1983 · cited in 1 New York opinions naming this issue, 2017–2017 1 sentence 2017In addition, the record indicates that the plea was entered into knowingly, voluntarily, and intelligently ( see People v Fiumefreddo , 82 NY2d 536, 543 [1993]; People v Lopez , 71 NY2d at 666 ; People v Harris , 61 NY2d 9, 17 [1983]; People v Sanchez , 122 AD3d at 646-647 ; People v Gomez , 114 AD3d at 702 ).	1	1
Martinez v. D'Alessandro Custom Builders & Demolition, Inc.green nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2010–2010	1	1
Leifer v. Pilgreen Corp.green nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2010–2010	1	1
People v. Zakrzewskigreen nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2010–2010	1	1
Lemberger v. Congregation Yetev Lev D'Satmar, Inc.green nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2010–2010	1	1
People v. Kellergreen nyappdiv · 1993 · cited in 1 New York opinions naming this issue, 2006–2006	1	1
People v. Bryangreen nyappdiv · 2000 · cited in 1 New York opinions naming this issue, 2006–2006	1	1
People v. Smithgreen nyappdiv · 1990 · cited in 1 New York opinions naming this issue, 1992–1992	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (35)

Case	Cited	Years
People v. Davis green nyappdiv · 2015 2 sentences 2017Finally, given the nature of the materials submitted in support of the motion, the court did not abuse its discretion in denying the motion without conducting a fact-finding hearing (see People v Manor, 27 NY3d 1012, 1014 [2016]; Davis, 129 AD3d at 1614 ). 2017Finally, given the nature of the materials submitted in support of the motion, the court did not abuse its discretion in denying the motion without conducting a fact-finding hearing (see People v Manor, 27 NY3d 1012, 1014 [2016]; Davis, 129 AD3d at 1614 ).	4	2017–2017
People v. Nunez green nyappdiv · 1992 2 sentences 1999The trial court properly denied defendant’s eve-of-trial request for a new attorney, since the defendant’s unsupported claim that his attorney’s consultations with him were brief was insufficient to establish the good cause necessary to require the substitution of assigned counsel (see, People v Nunez, 186 AD2d 764 ). 1999The trial court properly denied defendant’s eve-of-trial request for a new attorney, since the defendant’s unsupported claim that his attorney’s consultations with him were brief was insufficient to establish the good cause necessary to require the substitution of assigned counsel (see, People v Nunez, 186 AD2d 764 ).	2	1999–1999
People v. Garcia neutral nyappdiv · 1998 2 sentences 1999The court provided defendant with ample opportunity to state his complaints and sufficiently addressed defendant’s concerns about his attorney’s competence (see, People v Garcia, 250 AD2d 421 , lv denied 92 NY2d 897 ). 1999The court provided defendant with ample opportunity to state his complaints and sufficiently addressed defendant’s concerns about his attorney’s competence (see, People v Garcia, 250 AD2d 421 , lv denied 92 NY2d 897 ).	2	1999–1999
People v. Tannenbaum neutral nyappdiv · 1986 2 sentences 1991A defendant may not withdraw his guilty plea by proffering an unsupported claim of innocence where the plea was voluntarily made with the advice of competent counsel following an appraisal of all relevant factors (see, People v Tannenbaum, 116 AD2d 677 ). 1991A defendant may not withdraw his guilty plea by proffering an unsupported claim of innocence where the plea was voluntarily made with the advice of counsel following an appraisal of all relevant factors (see, People v Tannenbaum, 116 AD2d 677 ).	2	1991–1991
North Carolina v. Alford green scotus · 1970 2 sentences 1981(Cf. North Carolina v. Alford, 400 U. S. 25 .) A defendant is not entitled to withdraw his guilty plea based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advise of counsel following an appraisal of all the relevant factors including defendant’s numerous prior convictions, the likelihood of eyewitness testimony confronting him at a trial and the hope of a reduced charge and sentence. 1971(Cf. North Carolina v. Alford, 400 U. S. 25 .) A defendant is not entitled to withdraw his guilty plea based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors including defendant’s numerous prior convictions, the likelihood of eyewitness testimony confronting him at a trial and the hope of a reduced charge and sentence.	2	1971–1981
People v. Lewicki green nyappdiv · 2014 1 sentence 2022To that end, " 'a court does not abuse its discretion in denying a motion to withdraw a guilty plea where the defendant's allegations in support of the motion are belied by the defendant's statements during the plea proceeding' " ( People v Lewicki , 118 AD3d 1328 , 1329 [4th Dept 2014], lv denied 23 NY3d 1064 [2014]; see generally People v Said , 105 AD3d [*2]1392, 1393 [4th Dept 2013], lv denied 21 NY3d 1019 [2013]).	1	2022–2022
People v. O'Dell green nyappdiv · 2014 1 sentence 2018Although that contention survives defendant's valid waiver of the right to appeal ( see People v Colon , 122 AD3d 1309 , 1309 [4th Dept 2014], lv denied 25 NY3d 1200 [2015]), we conclude that it lacks merit. " A defendant is not entitled to withdraw his guilty plea based on a subsequent unsupported claim of innocence[] where[, as here,] the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors' " ( People v Fisher , 28 NY3d 717, 726 [2017]).	1	2018–2018
People v. Bell green ny · 2013 1 sentence 2018"The assertion of innocence by defendant in support of the motion is belied by his admission of guilt during the plea colloquy" ( People v Conde , 34 AD3d 1347, 1347 [4th Dept 2006]; see People v Newkirk , 133 AD3d 1364 , 1364 [4th Dept 2015], lv denied 26 NY3d 1148 [2016]; People v Williams , 103 AD3d 1128, 1129 [4th Dept 2013], lv denied 21 NY3d 915 [2013]; see generally People v Haffiz , 19 NY3d 883, 884-885 [2012]).	1	2018–2018
The People v. Luciano Rosario, The People v. Luciano Rosario green ny · 2015	1	2017–2017
People v. Deal green nyappdiv · 2014 1 sentence 2017"In any event, a defendant is not entitled to vacatur of his plea of guilty based on a subsequent unsupported claim of innocence, where the guilty plea was voluntarily made with the advice of counsel following an appraisal of all the relevant factors' " ( People v Deal , 115 AD3d 975 , 976 [2014], quoting People v Dixon , 29 NY2d 55, 57 [1971]).	1	2017–2017
People v. Glusko green nyappdiv · 2014 1 sentence 2017In addition, the record indicates that the plea was entered into knowingly, voluntarily, and intelligently ( see People v Fiumefreddo , 82 NY2d 536, 543 [1993]; People v Lopez , 71 NY2d at 666 ; People v Harris , 61 NY2d 9, 17 [1983]; People v Sanchez , 122 AD3d at 646-647 ; People v Gomez , 114 AD3d at 702 ).	1	2017–2017
People v. Lopez green ny · 1988	1	2017–2017
People v. Sanchez green nyappdiv · 2014 1 sentence 2017In addition, the record indicates that the plea was entered into knowingly, voluntarily, and intelligently ( see People v Fiumefreddo , 82 NY2d 536, 543 [1993]; People v Lopez , 71 NY2d at 666 ; People v Harris , 61 NY2d 9, 17 [1983]; People v Sanchez , 122 AD3d at 646-647 ; People v Gomez , 114 AD3d at 702 ).	1	2017–2017
People v. Wright green nyappdiv · 2001	1	2003–2003
People v. Williams green nyappdiv · 2002	1	2003–2003
People v. Gladden green nyappdiv · 1992	1	2002–2002
People v. Englese neutral ny · 1959	1	2002–2002
Hecht v. City of New York green ny · 1983	1	2002–2002
Simmons v. Metropolitan Life Insurance green ny · 1994	1	2001–2001
Koffler v. Biller green nyappdiv · 1999	1	2001–2001
Chapman v. City of New York green nyappdiv · 2000	1	2001–2001
Fuks v. New York City Transit Authority green nyappdiv · 1997	1	1999–1999
Baum v. Knoll Farm green nyappdiv · 1999	1	1999–1999
Bernstein v. City of New York green ny · 1987	1	1999–1999
Obercon v. Glebatis green nyappdiv · 1982	1	1994–1994
Krantz v. Albert Mendel & Son, Inc. neutral ny · 1983	1	1994–1994
Kardanis v. Velis green nyappdiv · 1982	1	1989–1989
Brady v. United States green scotus · 1970	1	1981–1981
Greenbaum v. American Metal, Climax, Inc. green nyappdiv · 1967	1	1977–1977
People v. Montgomery green ny · 1969	1	1976–1976
People v. Coleman green ny · 1972	1	1976–1976
People v. Melton green ny · 1974	1	1976–1976
Rogers v. Morton neutral nysupct · 1905	1	1970–1970
Tauza v. . Susquehanna Coal Co. green ny · 1917	1	1959–1959
Brocia v. Franklin Plan Corp. neutral nyappdiv · 1932	1	1959–1959

Statutes the citing opinions construe

NY § N.Y. Penal Law § 110.00 (9)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 47 (1959–2024) CA 22 (1963–2026) CT 10 (1972–2014) PA 10 (1979–2026) GA 10 (1986–2024) IL 9 (2003–2025) OH 9 (1993–2012) NJ 7 (1976–2001) WA 6 (1973–2016) AZ 5 (1991–2023) TX 5 (1921–2025) MS 5 (2000–2012) WI 4 (1989–2021) ND 3 (1995–2020) KS 3 (2006–2011) LA 2 (1911–1992) CO 2 (1982–2014) MA 2 (2015–2016) WY 2 (1989–2012) VA 2 (1974–1997) VT 2 (1996–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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