People v. Hickson

Appellate Division of the Supreme Court of New York

People v. Hickson

248 A.D.2d 757, 669 N.Y.S.2d 955, 1998 N.Y. App. Div. LEXIS 2240

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

DecidedMarch 5, 1998

StatusPublished

This text of 248 A.D.2d 757 (People v. Hickson) 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. Hickson, 248 A.D.2d 757, 669 N.Y.S.2d 955, 1998 N.Y. App. Div. LEXIS 2240 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 9, 1996, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

In full satisfaction of a six-count indictment charging him with various drug-related crimes, defendant pleaded guilty to a single count of criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 6 to 12 years. Defense counsel now seeks to be relieved of her assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Based upon our review of the record, we agree. The record reflects that defendant’s plea of guilty was entered knowingly, intelligently and voluntarily. He was sentenced as a second felony offender in accordance with the plea agreement and the relevant statutory requirements. In view of the foregoing, we affirm the judgment of conviction and grant defense counsel’s application to withdraw (see, People v Cruwys, 113 AD2d 979, Iv denied 67 NY2d 650).

Mikoll, J. P., Mercure, Yesawich Jr., Peters and Carpinello, 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 Ulster County (Bruhn, J.), rendered October 9, 1996, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

In full satisfaction of a six-count indictment charging him with various drug-related crimes, defendant pleaded guilty to a single count of criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 6 to 12 years. Defense counsel now seeks to be relieved of her assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Based upon our review of the record, we agree. The record reflects that defendant’s plea of guilty was entered knowingly, intelligently and voluntarily. He was sentenced as a second felony offender in accordance with the plea agreement and the relevant statutory requirements. In view of the foregoing, we affirm the judgment of conviction and grant defense counsel’s application to withdraw (see, People v Cruwys, 113 AD2d 979, Iv denied 67 NY2d 650).

Mikoll, J. P., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur.

Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

248 A.D.2d 757, 669 N.Y.S.2d 955, 1998 N.Y. App. Div. LEXIS 2240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hickson-nyappdiv-1998.

Opinion

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