People v. Kutney

Appellate Division of the Supreme Court of New York

People v. Kutney

268 A.D.2d 611, 700 N.Y.S.2d 767, 2000 N.Y. App. Div. LEXIS 138

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

DecidedJanuary 6, 2000

StatusPublished

This text of 268 A.D.2d 611 (People v. Kutney) 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. Kutney, 268 A.D.2d 611, 700 N.Y.S.2d 767, 2000 N.Y. App. Div. LEXIS 138 (N.Y. Ct. App. 2000).

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Opinion

—Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered December 3, 1998, convicting defendant upon his plea of guilty of the crimes of aggravated unlicensed operation of a motor vehicle in the first degree and driving while intoxicated.

In satisfaction of a three-count indictment, defendant entered a plea of guilty of aggravated unlicensed operation of a motor vehicle in the first degree and driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2). Defendant was sentenced to a six-month jail term and five years’ probation. On appeal, defense counsel seeks to be relieved of her assignment on the ground that no nonfrivolous issues exist. Upon our review of the record and defense counsel’s brief, we agree. The record establishes that defendant entered a knowing, voluntary and intelligent plea of guilty and was sentenced in accordance with the negotiated plea agreement. The judgment is, therefore, affirmed and application for leave to withdraw is granted (see, People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

Cardona, P. J., Spain, Carpinello, Graffeo and Mugglin, 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 Broome County (Smith, J.), rendered December 3, 1998, convicting defendant upon his plea of guilty of the crimes of aggravated unlicensed operation of a motor vehicle in the first degree and driving while intoxicated.

In satisfaction of a three-count indictment, defendant entered a plea of guilty of aggravated unlicensed operation of a motor vehicle in the first degree and driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2). Defendant was sentenced to a six-month jail term and five years’ probation. On appeal, defense counsel seeks to be relieved of her assignment on the ground that no nonfrivolous issues exist. Upon our review of the record and defense counsel’s brief, we agree. The record establishes that defendant entered a knowing, voluntary and intelligent plea of guilty and was sentenced in accordance with the negotiated plea agreement. The judgment is, therefore, affirmed and application for leave to withdraw is granted (see, People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

Cardona, P. J., Spain, Carpinello, Graffeo and Mugglin, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

268 A.D.2d 611, 700 N.Y.S.2d 767, 2000 N.Y. App. Div. LEXIS 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kutney-nyappdiv-2000.

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