People v. McCarty

Appellate Division of the Supreme Court of New York

People v. McCarty

23 A.D.3d 703, 802 N.Y.S.2d 639

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

DecidedNovember 3, 2005

StatusPublished

This text of 23 A.D.3d 703 (People v. McCarty) 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. McCarty, 23 A.D.3d 703, 802 N.Y.S.2d 639 (N.Y. Ct. App. 2005).

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Opinion

Appeal from a judgment of the County Court of Tioga County (Sgueglia, J.), rendered January 26, 2004, convicting defendant upon his plea of guilty of the crime of driving while intoxicated and bail jumping in the second degree.

In satisfaction of two indictments, defendant pleaded guilty to driving while intoxicated and bail jumping in the second degree and was sentenced to five years of probation and one year in jail, respectively. 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, 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]).

Mercure, J.P., Crew III, Carpinello, Mugglin and Lahtinen, 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 Tioga County (Sgueglia, J.), rendered January 26, 2004, convicting defendant upon his plea of guilty of the crime of driving while intoxicated and bail jumping in the second degree.

In satisfaction of two indictments, defendant pleaded guilty to driving while intoxicated and bail jumping in the second degree and was sentenced to five years of probation and one year in jail, respectively. 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, 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]).

Mercure, J.P., Crew III, Carpinello, Mugglin and Lahtinen, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

23 A.D.3d 703, 802 N.Y.S.2d 639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccarty-nyappdiv-2005.

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