People v. Heverly

Appellate Division of the Supreme Court of New York

People v. Heverly

70 A.D.3d 1066, 892 N.Y.S.2d 918

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

DecidedFebruary 4, 2010

StatusPublished

This text of 70 A.D.3d 1066 (People v. Heverly) 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. Heverly, 70 A.D.3d 1066, 892 N.Y.S.2d 918 (N.Y. Ct. App. 2010).

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Opinion

—Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered December 12, 2008, upon a verdict convicting defendant of the crimes of aggravated unlicensed operation of a motor vehicle in the first degree and driving a motor vehicle while ability impaired by alcohol.

Defendant was charged in an indictment with aggravated unlicensed operation of a motor vehicle in the first degree and driving while intoxicated. Following a jury trial, he was convicted of the former charge as well as the lesser charge of driving a motor vehicle while ability impaired by alcohol. Defendant was thereafter sentenced, respectively, to 11/3 to 4 years in prison and 15 days in jail, to run concurrently. He now 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, counsel’s brief and defendant’s pro se submissions, we agree. Consequently, the judgment is affirmed [1067]*1067and counsel’s application for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Mercure, J.P., Peters, Lahtinen, Stein and McCarthy, 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 (Hayden, J.), rendered December 12, 2008, upon a verdict convicting defendant of the crimes of aggravated unlicensed operation of a motor vehicle in the first degree and driving a motor vehicle while ability impaired by alcohol.

Defendant was charged in an indictment with aggravated unlicensed operation of a motor vehicle in the first degree and driving while intoxicated. Following a jury trial, he was convicted of the former charge as well as the lesser charge of driving a motor vehicle while ability impaired by alcohol. Defendant was thereafter sentenced, respectively, to 11/3 to 4 years in prison and 15 days in jail, to run concurrently. He now 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, counsel’s brief and defendant’s pro se submissions, we agree. Consequently, the judgment is affirmed [1067]*1067and counsel’s application for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Mercure, J.P., Peters, Lahtinen, Stein and McCarthy, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

70 A.D.3d 1066, 892 N.Y.S.2d 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-heverly-nyappdiv-2010.

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