People v. Holmes

Appellate Division of the Supreme Court of New York

People v. Holmes

235 A.D.2d 836, 652 N.Y.S.2d 1013, 1997 N.Y. App. Div. LEXIS 551

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

DecidedJanuary 23, 1997

StatusPublished

This text of 235 A.D.2d 836 (People v. Holmes) 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. Holmes, 235 A.D.2d 836, 652 N.Y.S.2d 1013, 1997 N.Y. App. Div. LEXIS 551 (N.Y. Ct. App. 1997).

Pincite

Opinion

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered August 8, 1994, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.

Defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no non-frivolous issues that can be raised on this appeal. Our review of both the record and defense counsel’s brief leads to the same conclusion. Defendant entered a knowing, voluntary and intelligent plea of guilty to the crime of attempted criminal sale of a controlled substance in the third degree. His sentence was in accordance with the plea agreement and with the relevant statutory requirements. The judgment is, accordingly, affirmed and defense counsel’s application for leave to withdraw is granted (see, People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

Cardona, P. J., Mikoll, Mercure, Crew III and White, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered August 8, 1994, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.

Defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no non-frivolous issues that can be raised on this appeal. Our review of both the record and defense counsel’s brief leads to the same conclusion. Defendant entered a knowing, voluntary and intelligent plea of guilty to the crime of attempted criminal sale of a controlled substance in the third degree. His sentence was in accordance with the plea agreement and with the relevant statutory requirements. The judgment is, accordingly, affirmed and defense counsel’s application for leave to withdraw is granted (see, People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

Cardona, P. J., Mikoll, Mercure, Crew III and White, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

Cite This Page — Counsel Stack

Bluebook (online)

235 A.D.2d 836, 652 N.Y.S.2d 1013, 1997 N.Y. App. Div. LEXIS 551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holmes-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack