People v. Davenport

Appellate Division of the Supreme Court of New York

People v. Davenport

254 A.D.2d 526, 679 N.Y.S.2d 346, 1998 N.Y. App. Div. LEXIS 10912

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

DecidedOctober 15, 1998

StatusPublished

This text of 254 A.D.2d 526 (People v. Davenport) 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. Davenport, 254 A.D.2d 526, 679 N.Y.S.2d 346, 1998 N.Y. App. Div. LEXIS 10912 (N.Y. Ct. App. 1998).

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Opinion

Appeal from a judgment of the County Court of Cortland County (Smith, [527]*527J.), rendered June 20, 1997, convicting defendant upon his plea of guilty of the crimes of criminal possession of marihuana in the fourth degree and criminal possession of a weapon in the fourth degree.

Defense counsel seeks to be relieved of her assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Based upon our review of the record and defense counsel’s brief, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty of the crimes of criminal possession of marihuana in the fourth degree and criminal possession of a weapon in the fourth degree in full satisfaction of a four-count indictment. He was sentenced to concurrent terms of three years’ probation on each charge. In view of the foregoing, we affirm the judgment of conviction and grant defense counsel’s application to withdraw (see, People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

Mikoll, J. P., Mercure, Crew III, White and Graffeo, 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 Cortland County (Smith, [527]*527J.), rendered June 20, 1997, convicting defendant upon his plea of guilty of the crimes of criminal possession of marihuana in the fourth degree and criminal possession of a weapon in the fourth degree.

Defense counsel seeks to be relieved of her assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Based upon our review of the record and defense counsel’s brief, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty of the crimes of criminal possession of marihuana in the fourth degree and criminal possession of a weapon in the fourth degree in full satisfaction of a four-count indictment. He was sentenced to concurrent terms of three years’ probation on each charge. In view of the foregoing, we affirm the judgment of conviction and grant defense counsel’s application to withdraw (see, People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

Mikoll, J. P., Mercure, Crew III, White and Graffeo, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

254 A.D.2d 526, 679 N.Y.S.2d 346, 1998 N.Y. App. Div. LEXIS 10912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-davenport-nyappdiv-1998.

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