People v. Bacote

Appellate Division of the Supreme Court of New York

People v. Bacote

54 A.D.3d 1073, 862 N.Y.S.2d 924

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

DecidedSeptember 11, 2008

StatusPublished

This text of 54 A.D.3d 1073 (People v. Bacote) 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. Bacote, 54 A.D.3d 1073, 862 N.Y.S.2d 924 (N.Y. Ct. App. 2008).

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Opinion

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered April 9, 2003, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to criminal possession of a controlled substance in the third degree. In accordance with the plea agreement, he was sentenced as a second felony offender to 4x/2 to 9 years in prison. He now appeals, however, the Public Defender’s office has made an application seeking to be relieved of its assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record and counsel’s brief, we agree. Accordingly, the judgment is affirmed and defense counsel’s request for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979 [1985], Iv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Cardona, P.J., Carpinello, Rose, Kavanagh and Stein, 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 County Court of Ulster County (Bruhn, J.), rendered April 9, 2003, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to criminal possession of a controlled substance in the third degree. In accordance with the plea agreement, he was sentenced as a second felony offender to 4x/2 to 9 years in prison. He now appeals, however, the Public Defender’s office has made an application seeking to be relieved of its assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record and counsel’s brief, we agree. Accordingly, the judgment is affirmed and defense counsel’s request for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979 [1985], Iv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Cardona, P.J., Carpinello, Rose, Kavanagh and Stein, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

54 A.D.3d 1073, 862 N.Y.S.2d 924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bacote-nyappdiv-2008.

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