People v. Belile

Appellate Division of the Supreme Court of New York

People v. Belile

79 A.D.3d 1524, 912 N.Y.S.2d 916

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

DecidedDecember 30, 2010

StatusPublished

This text of 79 A.D.3d 1524 (People v. Belile) 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. Belile, 79 A.D.3d 1524, 912 N.Y.S.2d 916 (N.Y. Ct. App. 2010).

Pincite

Opinion

Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), entered June 30, 2008, convicting defendant upon his plea of guilty of the crime of rape in the third degree.

After he waived indictment, defendant pleaded guilty to the crime of rape in the third degree as charged in a superior court information. He also waived his right to appeal. In accordance with the plea agreement, he was sentenced as a second felony offender to 2 to 4 years in prison. He now appeals.

Appellate counsel seeks to be relieved of his 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 counsel’s request 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, Rose, Malone Jr., Stein and Egan Jr., JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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

Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), entered June 30, 2008, convicting defendant upon his plea of guilty of the crime of rape in the third degree.

After he waived indictment, defendant pleaded guilty to the crime of rape in the third degree as charged in a superior court information. He also waived his right to appeal. In accordance with the plea agreement, he was sentenced as a second felony offender to 2 to 4 years in prison. He now appeals.

Appellate counsel seeks to be relieved of his 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 counsel’s request 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, Rose, Malone Jr., Stein and Egan Jr., JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

Cite This Page — Counsel Stack

Bluebook (online)

79 A.D.3d 1524, 912 N.Y.S.2d 916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-belile-nyappdiv-2010.

Opinion

Related

Cite This Page — Counsel Stack