People v. Dagnone

Appellate Division of the Supreme Court of New York

People v. Dagnone

15 A.D.3d 776, 789 N.Y.S.2d 925, 2005 N.Y. App. Div. LEXIS 1921

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

DecidedFebruary 24, 2005

StatusPublished

This text of 15 A.D.3d 776 (People v. Dagnone) 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. Dagnone, 15 A.D.3d 776, 789 N.Y.S.2d 925, 2005 N.Y. App. Div. LEXIS 1921 (N.Y. Ct. App. 2005).

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Opinion

Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered August 5, 2002, convicting defendant upon his plea of guilty of the crime of attempted escape in the first degree.

In satisfaction of a three-count indictment, defendant pleaded guilty to attempted escape in the first degree. He was sentenced as a second felony offender in accordance with the plea agreement to a prison term of IV2 to 3 years, to run consecutive with his existing sentence. Defense counsel now seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised. 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]).

Mercure, J.P, Crew III, Carpinello, Mugglin 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 Chemung County (Buckley, J.), rendered August 5, 2002, convicting defendant upon his plea of guilty of the crime of attempted escape in the first degree.

In satisfaction of a three-count indictment, defendant pleaded guilty to attempted escape in the first degree. He was sentenced as a second felony offender in accordance with the plea agreement to a prison term of IV2 to 3 years, to run consecutive with his existing sentence. Defense counsel now seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised. 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]).

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

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Bluebook (online)

15 A.D.3d 776, 789 N.Y.S.2d 925, 2005 N.Y. App. Div. LEXIS 1921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dagnone-nyappdiv-2005.

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