People v. Heinze

Appellate Division of the Supreme Court of New York

People v. Heinze

78 A.D.3d 1378, 910 N.Y.S.2d 695

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

DecidedNovember 18, 2010

StatusPublished

This text of 78 A.D.3d 1378 (People v. Heinze) 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. Heinze, 78 A.D.3d 1378, 910 N.Y.S.2d 695 (N.Y. Ct. App. 2010).

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Opinion

—Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), rendered April 21, 2009, convicting defendant upon his plea of guilty of the crime of murder in the second degree.

In satisfaction of a nine-count indictment, defendant pleaded [1379]*1379guilty to murder in the second degree and waived his right to appeal. He was sentenced, in accordance with the plea agreement, to 20 years to life in prison. Defendant appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on 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 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Spain, J.P., Rose, Lahtinen, McCarthy and Garry, 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 Schenectady County (Hoye, J.), rendered April 21, 2009, convicting defendant upon his plea of guilty of the crime of murder in the second degree.

In satisfaction of a nine-count indictment, defendant pleaded [1379]*1379guilty to murder in the second degree and waived his right to appeal. He was sentenced, in accordance with the plea agreement, to 20 years to life in prison. Defendant appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on 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 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Spain, J.P., Rose, Lahtinen, McCarthy and Garry, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

78 A.D.3d 1378, 910 N.Y.S.2d 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-heinze-nyappdiv-2010.

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