People v. Mayer

Appellate Division of the Supreme Court of New York

People v. Mayer

20 A.D.3d 816, 798 N.Y.S.2d 697, 2005 N.Y. App. Div. LEXIS 8092

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

DecidedJuly 28, 2005

StatusPublished

This text of 20 A.D.3d 816 (People v. Mayer) 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. Mayer, 20 A.D.3d 816, 798 N.Y.S.2d 697, 2005 N.Y. App. Div. LEXIS 8092 (N.Y. Ct. App. 2005).

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Opinion

Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), rendered July 19, 2002, convicting defendant upon his plea of guilty of the crime of criminal possession of stolen property in the third degree.

Defendant pleaded guilty to criminal possession of stolen property in the third degree, waived his right to appeal and signed a comprehensive written waiver to that effect. Thereafter, defendant was sentenced as a second felony offender in accordance with the negotiated plea agreement to a prison term of 2 to 4 years and he was ordered to pay restitution. On appeal, 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. Upon our review of the record and defense counsel’s brief, we agree. The judgment is, accordingly, affirmed and defense counsel’s application for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Cardona, P.J., Mercure, Peters, Rose and Kane, 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 Schenectady County (Hoye, J.), rendered July 19, 2002, convicting defendant upon his plea of guilty of the crime of criminal possession of stolen property in the third degree.

Defendant pleaded guilty to criminal possession of stolen property in the third degree, waived his right to appeal and signed a comprehensive written waiver to that effect. Thereafter, defendant was sentenced as a second felony offender in accordance with the negotiated plea agreement to a prison term of 2 to 4 years and he was ordered to pay restitution. On appeal, 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. Upon our review of the record and defense counsel’s brief, we agree. The judgment is, accordingly, affirmed and defense counsel’s application for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

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

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Bluebook (online)

20 A.D.3d 816, 798 N.Y.S.2d 697, 2005 N.Y. App. Div. LEXIS 8092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mayer-nyappdiv-2005.

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