People v. Driscoll

Appellate Division of the Supreme Court of New York

People v. Driscoll

263 A.D.2d 619, 692 N.Y.S.2d 617, 1999 N.Y. App. Div. LEXIS 7847

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

DecidedJuly 8, 1999

StatusPublished

This text of 263 A.D.2d 619 (People v. Driscoll) 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. Driscoll, 263 A.D.2d 619, 692 N.Y.S.2d 617, 1999 N.Y. App. Div. LEXIS 7847 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered June 14, 1996, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Following the denial of defendant’s pretrial motion seeking to suppress certain identification testimony, defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree in satisfaction of a two-count indictment charging him with separate crack cocaine sales on two different dates. He was sentenced as a second felony offender to the most lenient permissible prison term of 4V2 to 9 years. Defense counsel contends that there are no nonfrivolous issues which can be raised on appeal and seeks to be relieved of her assign[620]*620ment as counsel for defendant. Upon 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, lv denied 67 NY2d 650).

Cardona, P. J., Crew III, Spain, Carpinello 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 Chemung County (Castellino, J.), rendered June 14, 1996, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Following the denial of defendant’s pretrial motion seeking to suppress certain identification testimony, defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree in satisfaction of a two-count indictment charging him with separate crack cocaine sales on two different dates. He was sentenced as a second felony offender to the most lenient permissible prison term of 4V2 to 9 years. Defense counsel contends that there are no nonfrivolous issues which can be raised on appeal and seeks to be relieved of her assign[620]*620ment as counsel for defendant. Upon 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, lv denied 67 NY2d 650).

Cardona, P. J., Crew III, Spain, Carpinello and Graffeo, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

263 A.D.2d 619, 692 N.Y.S.2d 617, 1999 N.Y. App. Div. LEXIS 7847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-driscoll-nyappdiv-1999.

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