People v. Lake

Appellate Division of the Supreme Court of New York

People v. Lake

286 A.D.2d 785, 729 N.Y.S.2d 914, 2001 N.Y. App. Div. LEXIS 8455

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

DecidedSeptember 13, 2001

StatusPublished

This text of 286 A.D.2d 785 (People v. Lake) 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. Lake, 286 A.D.2d 785, 729 N.Y.S.2d 914, 2001 N.Y. App. Div. LEXIS 8455 (N.Y. Ct. App. 2001).

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Opinion

—Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered September 21, 1999, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

Defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Our review of the record and defense counsel’s brief leads us to the same conclusion. Defendant pleaded guilty to a reduced charge of attempted burglary in the second degree and was sentenced as a second felony offender in accordance with the plea agreement to a determinate prison term of three years. The judgment is, accordingly, affirmed and defense counsel’s application for leave to withdraw is granted (see, People v Stokes, 95 NY2d 633; People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

Cardona, P. J., Mercure, Peters, Mugglin and Rose, 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 September 21, 1999, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

Defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Our review of the record and defense counsel’s brief leads us to the same conclusion. Defendant pleaded guilty to a reduced charge of attempted burglary in the second degree and was sentenced as a second felony offender in accordance with the plea agreement to a determinate prison term of three years. The judgment is, accordingly, affirmed and defense counsel’s application for leave to withdraw is granted (see, People v Stokes, 95 NY2d 633; People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

Cardona, P. J., Mercure, Peters, Mugglin and Rose, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

286 A.D.2d 785, 729 N.Y.S.2d 914, 2001 N.Y. App. Div. LEXIS 8455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lake-nyappdiv-2001.

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