People v. Arrington

Appellate Division of the Supreme Court of New York

People v. Arrington

30 A.D.3d 760, 816 N.Y.S.2d 388

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

DecidedJune 15, 2006

StatusPublished

This text of 30 A.D.3d 760 (People v. Arrington) 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. Arrington, 30 A.D.3d 760, 816 N.Y.S.2d 388 (N.Y. Ct. App. 2006).

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Opinion

Appeal from a judgment of the Supreme Court (Teres!, J.), rendered October 21, 2003 in Albany County, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree.

In satisfaction of a four-count indictment, defendant waived his right to appeal and pleaded guilty to criminal possession of a weapon in the third degree. Defendant was sentenced in accordance with the plea agreement to a prison term of five years, followed by three years of postrelease supervision, to run concurrent with two previously imposed sentences. Appellate counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Upon our review of the record and appellate counsel’s brief, we agree. The judgment is, accordingly, affirmed and counsel’s application for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Mercure, J.P., Peters, Carpinello, Mugglin and Rose, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Appeal from a judgment of the Supreme Court (Teres!, J.), rendered October 21, 2003 in Albany County, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree.

In satisfaction of a four-count indictment, defendant waived his right to appeal and pleaded guilty to criminal possession of a weapon in the third degree. Defendant was sentenced in accordance with the plea agreement to a prison term of five years, followed by three years of postrelease supervision, to run concurrent with two previously imposed sentences. Appellate counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Upon our review of the record and appellate counsel’s brief, we agree. The judgment is, accordingly, affirmed and counsel’s application for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Mercure, J.P., Peters, Carpinello, Mugglin and Rose, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

30 A.D.3d 760, 816 N.Y.S.2d 388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-arrington-nyappdiv-2006.

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