People v. Bailey

Appellate Division of the Supreme Court of New York

People v. Bailey

7 A.D.3d 886, 775 N.Y.S.2d 914, 2004 N.Y. App. Div. LEXIS 6764

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

DecidedMay 13, 2004

StatusPublished

This text of 7 A.D.3d 886 (People v. Bailey) 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. Bailey, 7 A.D.3d 886, 775 N.Y.S.2d 914, 2004 N.Y. App. Div. LEXIS 6764 (N.Y. Ct. App. 2004).

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Opinion

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J), rendered March 17, 2003, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Defendant pleaded guilty to the reduced crime of attempted promoting prison contraband in the first degree. He was sentenced as a second felony offender to the agreed-upon senténce of IV2 to 3 years to be served consecutive to the sentence that he is currently serving. Defense counsel seeks to be relieved of his assignment on the ground that there are no nonfrivolous issues that can be raised on appeal. Upon our review of the record and defense counsel’s brief, we agree. The judgment is, accordingly, affirmed and defense 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]).

Crew III, J.P., Carpinello, Mugglin, Rose and Lahtinen, 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 Franklin County (Main, Jr., J), rendered March 17, 2003, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Defendant pleaded guilty to the reduced crime of attempted promoting prison contraband in the first degree. He was sentenced as a second felony offender to the agreed-upon senténce of IV2 to 3 years to be served consecutive to the sentence that he is currently serving. Defense counsel seeks to be relieved of his assignment on the ground that there are no nonfrivolous issues that can be raised on appeal. Upon our review of the record and defense counsel’s brief, we agree. The judgment is, accordingly, affirmed and defense 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]).

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

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Bluebook (online)

7 A.D.3d 886, 775 N.Y.S.2d 914, 2004 N.Y. App. Div. LEXIS 6764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bailey-nyappdiv-2004.

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