People v. Ivey

Appellate Division of the Supreme Court of New York

People v. Ivey

229 A.D.2d 1020, 646 N.Y.S.2d 484

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

DecidedJuly 12, 1996

DocketAppeal No. 2

StatusPublished

This text of 229 A.D.2d 1020 (People v. Ivey) 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.

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People v. Ivey, 229 A.D.2d 1020, 646 N.Y.S.2d 484 (N.Y. Ct. App. 1996).

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Opinion

—Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38). Memorandum: [1021]*1021Upon our review of the appeal, we agree with assigned counsel that there are no nonfrivolous issues to raise on defendant’s behalf and, therefore, we grant counsel’s application to withdraw (see, People v Crawford, 71 AD2d 38, supra). The challenge to the prosecutor’s instructions to the Grand Jury, raised in defendant’s pro se supplemental brief, does not survive the guilty plea (see, People v Garcia, 216 AD2d 36, 36-37; People v Butler, 198 AD2d 427; People v Gerber, 182 AD2d 252, 260-261, lv denied 80 NY2d 1026) or the waiver of the right to appeal (see, People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1). (Appeal from Judgment of Supreme Court, Monroe County, Bender, J.—Assault, 1st Degree.) Present—Green, J. P., Lawton, Doerr and Davis, JJ.

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—Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38). Memorandum: [1021]*1021Upon our review of the appeal, we agree with assigned counsel that there are no nonfrivolous issues to raise on defendant’s behalf and, therefore, we grant counsel’s application to withdraw (see, People v Crawford, 71 AD2d 38, supra). The challenge to the prosecutor’s instructions to the Grand Jury, raised in defendant’s pro se supplemental brief, does not survive the guilty plea (see, People v Garcia, 216 AD2d 36, 36-37; People v Butler, 198 AD2d 427; People v Gerber, 182 AD2d 252, 260-261, lv denied 80 NY2d 1026) or the waiver of the right to appeal (see, People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1). (Appeal from Judgment of Supreme Court, Monroe County, Bender, J.—Assault, 1st Degree.) Present—Green, J. P., Lawton, Doerr and Davis, JJ.

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229 A.D.2d 1020, 646 N.Y.S.2d 484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ivey-nyappdiv-1996.

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