People v. De Jesus Moran

Appellate Division of the Supreme Court of New York

People v. De Jesus Moran

223 A.D.2d 888, 636 N.Y.S.2d 672, 1996 N.Y. App. Div. LEXIS 362

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

DecidedJanuary 18, 1996

StatusPublished

This text of 223 A.D.2d 888 (People v. De Jesus Moran) 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. De Jesus Moran, 223 A.D.2d 888, 636 N.Y.S.2d 672, 1996 N.Y. App. Div. LEXIS 362 (N.Y. Ct. App. 1996).

Pincite

Opinion

Appeal from a judgment of the County Court of Montgomery County (Aison, J.), rendered December 23, 1994, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

In satisfaction of a 10-count indictment charging him with various drug-related crimes, defendant pleaded guilty to criminal sale of a controlled substance in the third degree and was sentenced to a term of 3 to 9 years in prison. His counsel seeks to be relieved of further representing defendant on the basis that there are no nonfrivolous issues which could be raised on appeal. Having reviewed the record and defense counsel’s brief, we agree and find that defense counsel should be relieved of his assignment. In addition, we have considered defendant’s pro se supplemental brief and reject his claim that County Court abused its discretion in imposing upon him the sentence he agreed to as part of his plea bargain.

Mercure, J. P., Crew III, Casey, Yesawich Jr. and Spain, 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 Montgomery County (Aison, J.), rendered December 23, 1994, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

In satisfaction of a 10-count indictment charging him with various drug-related crimes, defendant pleaded guilty to criminal sale of a controlled substance in the third degree and was sentenced to a term of 3 to 9 years in prison. His counsel seeks to be relieved of further representing defendant on the basis that there are no nonfrivolous issues which could be raised on appeal. Having reviewed the record and defense counsel’s brief, we agree and find that defense counsel should be relieved of his assignment. In addition, we have considered defendant’s pro se supplemental brief and reject his claim that County Court abused its discretion in imposing upon him the sentence he agreed to as part of his plea bargain.

Mercure, J. P., Crew III, Casey, Yesawich Jr. and Spain, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

223 A.D.2d 888, 636 N.Y.S.2d 672, 1996 N.Y. App. Div. LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-de-jesus-moran-nyappdiv-1996.