People v. French

Appellate Division of the Supreme Court of New York

People v. French

264 A.D.2d 881, 695 N.Y.S.2d 712

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

DecidedSeptember 16, 1999

StatusPublished

This text of 264 A.D.2d 881 (People v. French) 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. French, 264 A.D.2d 881, 695 N.Y.S.2d 712 (N.Y. Ct. App. 1999).

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Opinion

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered December 21, 1998, convicting defendant upon his plea of guilty of the crimes of sodomy in the second degree and attempted sodomy in the first degree.

Defendant pleaded guilty to the crimes of sodomy in the second degree and attempted sodomy in the first degree in satisfaction of a 12-count indictment and was sentenced to concurrent prison terms of 1½ to 4½ years and 2¼ to 4½ years, respectively. On appeal, defense counsel has asserted that no nonfrivolous appealable issues exist and seeks to be relieved of his assignment as counsel for defendant. Upon our review of the record and defense counsel’s brief, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty, waived his right to appeal and was sentenced in accordance with the plea agreement to the statutory minimum sentence. The judgment of conviction 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., Mikoll, Yesawich Jr., Graffeo and Mugglin, 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 St. Lawrence County (Nicandri, J.), rendered December 21, 1998, convicting defendant upon his plea of guilty of the crimes of sodomy in the second degree and attempted sodomy in the first degree.

Defendant pleaded guilty to the crimes of sodomy in the second degree and attempted sodomy in the first degree in satisfaction of a 12-count indictment and was sentenced to concurrent prison terms of 1½ to 4½ years and 2¼ to 4½ years, respectively. On appeal, defense counsel has asserted that no nonfrivolous appealable issues exist and seeks to be relieved of his assignment as counsel for defendant. Upon our review of the record and defense counsel’s brief, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty, waived his right to appeal and was sentenced in accordance with the plea agreement to the statutory minimum sentence. The judgment of conviction 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., Mikoll, Yesawich Jr., Graffeo and Mugglin, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

264 A.D.2d 881, 695 N.Y.S.2d 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-french-nyappdiv-1999.

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