People v. Greer

Appellate Division of the Supreme Court of New York

People v. Greer

256 A.D.2d 1249, 683 N.Y.S.2d 459, 1998 N.Y. App. Div. LEXIS 14484

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

DecidedDecember 31, 1998

StatusPublished

This text of 256 A.D.2d 1249 (People v. Greer) 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. Greer, 256 A.D.2d 1249, 683 N.Y.S.2d 459, 1998 N.Y. App. Div. LEXIS 14484 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Case held, decision reserved, motion to relieve counsel of assignment granted and new counsel to be assigned. Memorandum: Defendant was convicted upon his guilty plea of assault in the second degree (Penal Law § 120.05 [4]) and was sentenced to a period of probation of five years. Assigned counsel has moved to be relieved of his assignment pursuant to People v Crawford (71 AD2d 38) and has filed a brief in which he concludes that the appeal is frivolous because there are no issues of law or questions of fact meriting this Court’s consideration. A review of the plea colloquy reveals a nonfrivolous issue, i.e., whether defendant raised a possible justification defense. That issue was not addressed by County Court. Thus, we relieve counsel of his assignment, and new counsel shall be assigned to brief that issue and any other issues that counsel’s review of the record may disclose. (Appeal from Judgment of Jefferson County Court, Clary, J. — Assault, 2nd Degree.) Present — Denman, P. J., Green, Pine, Wisner and Pigott, Jr., JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Case held, decision reserved, motion to relieve counsel of assignment granted and new counsel to be assigned. Memorandum: Defendant was convicted upon his guilty plea of assault in the second degree (Penal Law § 120.05 [4]) and was sentenced to a period of probation of five years. Assigned counsel has moved to be relieved of his assignment pursuant to People v Crawford (71 AD2d 38) and has filed a brief in which he concludes that the appeal is frivolous because there are no issues of law or questions of fact meriting this Court’s consideration. A review of the plea colloquy reveals a nonfrivolous issue, i.e., whether defendant raised a possible justification defense. That issue was not addressed by County Court. Thus, we relieve counsel of his assignment, and new counsel shall be assigned to brief that issue and any other issues that counsel’s review of the record may disclose. (Appeal from Judgment of Jefferson County Court, Clary, J. — Assault, 2nd Degree.) Present — Denman, P. J., Green, Pine, Wisner and Pigott, Jr., JJ.

Cite This Page — Counsel Stack

Bluebook (online)

256 A.D.2d 1249, 683 N.Y.S.2d 459, 1998 N.Y. App. Div. LEXIS 14484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-greer-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack