People v. Ammons

Appellate Division of the Supreme Court of New York

People v. Ammons

41 A.D.3d 1325, 836 N.Y.S.2d 447

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

DecidedJune 8, 2007

StatusPublished

This text of 41 A.D.3d 1325 (People v. Ammons) 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. Ammons, 41 A.D.3d 1325, 836 N.Y.S.2d 447 (N.Y. Ct. App. 2007).

Pincite

Opinion

Counsel's motion to be relieved of assignment denied. Memorandum: Defendant was convicted upon a guilty plea of assault in the second degree (Penal Law § 120.05 [1]). He was sentenced to a determinate term of incarceration of three years together with three years postrelease supervision. Defendant’s assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38 [1979]), and has submitted an affirmation in which he concludes that there are no nonfrivolous issues meriting this Court’s consideration. The record establishes that defendant was sentenced as a second felony offender, pursuant to Penal Law § 70.06 [6] [c], and that [1326]*1326the sentence included a period of postrelease supervision of less than five years. The facts raise the issue of whether defendant received an illegal sentence (see Penal Law § 70.45 [2]). We therefore deny counsel’s motion. (Appeal from Judgment of Monroe County Court, John R. Schwartz, A.J.—Assault, 2nd Degree). Present—Scudder, P.J., Martoche, Smith, Centra and Peradotto, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Counsel's motion to be relieved of assignment denied. Memorandum: Defendant was convicted upon a guilty plea of assault in the second degree (Penal Law § 120.05 [1]). He was sentenced to a determinate term of incarceration of three years together with three years postrelease supervision. Defendant’s assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38 [1979]), and has submitted an affirmation in which he concludes that there are no nonfrivolous issues meriting this Court’s consideration. The record establishes that defendant was sentenced as a second felony offender, pursuant to Penal Law § 70.06 [6] [c], and that [1326]*1326the sentence included a period of postrelease supervision of less than five years. The facts raise the issue of whether defendant received an illegal sentence (see Penal Law § 70.45 [2]). We therefore deny counsel’s motion. (Appeal from Judgment of Monroe County Court, John R. Schwartz, A.J.—Assault, 2nd Degree). Present—Scudder, P.J., Martoche, Smith, Centra and Peradotto, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

41 A.D.3d 1325, 836 N.Y.S.2d 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ammons-nyappdiv-2007.

Opinion

Related

Cite This Page — Counsel Stack