People v. Cook

Appellate Division of the Supreme Court of New York

People v. Cook

137 A.D.3d 1317, 25 N.Y.S.3d 908

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

DecidedMarch 3, 2016

Docket106296

StatusPublished

This text of 137 A.D.3d 1317 (People v. Cook) 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. Cook, 137 A.D.3d 1317, 25 N.Y.S.3d 908 (N.Y. Ct. App. 2016).

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Opinion

Appeal from a judgment of the County Court of Broome County (Cawley, J.), *1318 rendered August 23, 2013, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a weapon in the third degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to the reduced charge of attempted criminal possession of a weapon in the third degree. Pursuant to the terms of the plea agreement, defendant paid restitution, and County Court thereafter imposed the promised sentence of time served with a three-year conditional discharge. Defendant now appeals.

Appellate counsel seeks to be relieved of her assignment of representing defendant upon the ground that there are no nonfrivolous issues to be raised on appeal. We disagree. Our review of the record reveals at least one issue of arguable merit regarding the validity of defendant’s plea (see generally People v Daniels, 76 AD3d 1121, 1121 [2010]). Therefore, without expressing any opinion as to the ultimate merit of that issue, we grant counsel’s application for leave to withdraw and assign new counsel to address this issue and any others that the record may disclose (see People v Stokes, 95 NY2d 633 [2001]; People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]).

Egan Jr., J.P., Lynch, Devine and Clark, JJ., concur.

Ordered that the decision is withheld, application to be relieved of assignment granted and new counsel to be assigned.

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Appeal from a judgment of the County Court of Broome County (Cawley, J.), *1318 rendered August 23, 2013, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a weapon in the third degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to the reduced charge of attempted criminal possession of a weapon in the third degree. Pursuant to the terms of the plea agreement, defendant paid restitution, and County Court thereafter imposed the promised sentence of time served with a three-year conditional discharge. Defendant now appeals.

Appellate counsel seeks to be relieved of her assignment of representing defendant upon the ground that there are no nonfrivolous issues to be raised on appeal. We disagree. Our review of the record reveals at least one issue of arguable merit regarding the validity of defendant’s plea (see generally People v Daniels, 76 AD3d 1121, 1121 [2010]). Therefore, without expressing any opinion as to the ultimate merit of that issue, we grant counsel’s application for leave to withdraw and assign new counsel to address this issue and any others that the record may disclose (see People v Stokes, 95 NY2d 633 [2001]; People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]).

Egan Jr., J.P., Lynch, Devine and Clark, JJ., concur.

Ordered that the decision is withheld, application to be relieved of assignment granted and new counsel to be assigned.

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Bluebook (online)

137 A.D.3d 1317, 25 N.Y.S.3d 908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cook-nyappdiv-2016.

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