People v. Gaines

Appellate Division of the Supreme Court of New York

People v. Gaines

228 A.D.2d 741, 643 N.Y.2d 697, 643 N.Y.S.2d 697, 1996 N.Y. App. Div. LEXIS 6447

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

DecidedJune 6, 1996

StatusPublished

This text of 228 A.D.2d 741 (People v. Gaines) 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. Gaines, 228 A.D.2d 741, 643 N.Y.2d 697, 643 N.Y.S.2d 697, 1996 N.Y. App. Div. LEXIS 6447 (N.Y. Ct. App. 1996).

Pincite

Opinion

In satisfaction of the charge of robbery in the third degree, defendant pleaded guilty to attempted assault in the second degree and was sentenced to 60 days in jail and five years’ probation. Her attorney seeks to be relieved of representing defendant on appeal on the basis that there are no nonfrivolous issues that may be raised. Upon our review of the record, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty of the crime of attempted assault in the second degree. Inasmuch as County Court could have imposed a much harsher sentence, we do not find that it abused its discretion under the circumstances presented. Accordingly, the judgment must be affirmed and defense counsel’s application for leave to withdraw must be granted (see, People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

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

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In satisfaction of the charge of robbery in the third degree, defendant pleaded guilty to attempted assault in the second degree and was sentenced to 60 days in jail and five years’ probation. Her attorney seeks to be relieved of representing defendant on appeal on the basis that there are no nonfrivolous issues that may be raised. Upon our review of the record, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty of the crime of attempted assault in the second degree. Inasmuch as County Court could have imposed a much harsher sentence, we do not find that it abused its discretion under the circumstances presented. Accordingly, the judgment must be affirmed and defense counsel’s application for leave to withdraw must be granted (see, People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

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

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Bluebook (online)

228 A.D.2d 741, 643 N.Y.2d 697, 643 N.Y.S.2d 697, 1996 N.Y. App. Div. LEXIS 6447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gaines-nyappdiv-1996.

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