People v. Decarlo

Appellate Division of the Supreme Court of New York

People v. Decarlo

114 A.D.3d 972, 979 N.Y.S.2d 861

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

DecidedFebruary 6, 2014

StatusPublished

This text of 114 A.D.3d 972 (People v. Decarlo) 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. Decarlo, 114 A.D.3d 972, 979 N.Y.S.2d 861 (N.Y. Ct. App. 2014).

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Opinion

Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered August 20, 2012, convicting defendant upon his plea of guilty of the crimes of attempted murder in the second degree, burglary in the first degree, assault in the first degree and gang assault in the first degree.

Defendant pleaded guilty to attempted murder in the second degree, burglary in the first degree, assault in the first degree and gang assault in the first degree and waived his right to appeal. County Court sentenced defendant in accordance with the plea agreement to concurrent prison terms of 14 years followed by five years of postrelease supervision. Defendant now appeals.

[973]*973Appellate counsel seeks to be relieved of his assignment of representing defendant upon 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. Therefore, the judgment is affirmed and counsel’s request for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Lahtinen, J.E, Stein, Rose and Egan Jr., 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 Franklin County (Main Jr., J.), rendered August 20, 2012, convicting defendant upon his plea of guilty of the crimes of attempted murder in the second degree, burglary in the first degree, assault in the first degree and gang assault in the first degree.

Defendant pleaded guilty to attempted murder in the second degree, burglary in the first degree, assault in the first degree and gang assault in the first degree and waived his right to appeal. County Court sentenced defendant in accordance with the plea agreement to concurrent prison terms of 14 years followed by five years of postrelease supervision. Defendant now appeals.

[973]*973Appellate counsel seeks to be relieved of his assignment of representing defendant upon 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. Therefore, the judgment is affirmed and counsel’s request for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Lahtinen, J.E, Stein, Rose and Egan Jr., JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

114 A.D.3d 972, 979 N.Y.S.2d 861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-decarlo-nyappdiv-2014.

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