People v. Moloney

2026 NY Slip Op 00405
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 29, 2026
Docket113322
StatusPublished

This text of 2026 NY Slip Op 00405 (People v. Moloney) 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. Moloney, 2026 NY Slip Op 00405 (N.Y. Ct. App. 2026).

Opinion

People v Moloney (2026 NY Slip Op 00405)
People v Moloney
2026 NY Slip Op 00405
Decided on January 29, 2026
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided and Entered:January 29, 2026

113322

[*1]The People of the State of New York, Respondent,

v

John Moloney Jr., Appellant.


Calendar Date:January 2, 2026
Before:Aarons, J.P., Fisher, McShan, Powers and Mackey, JJ.

Stephan R. Weiss, Schenectady, for appellant.

J. Anthony Jordan, District Attorney, Fort Edward (Taylor Fitzsimmons of counsel), for respondent.



Appeal from a judgment of the County Court of Washington County (Kelly McKeighan, J.), rendered October 15, 2021, convicting defendant upon his plea of guilty of the crime of criminal contempt in the first degree.

In satisfaction of a six-count indictment, defendant pleaded guilty to criminal contempt in the first degree and agreed to waive his right to appeal. County Court sentenced defendant, as a second felony offender, to the agreed-upon sentence of 1½ to 3 years in prison. Defendant appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Upon our review of the record and appellate counsel's brief, we agree. Therefore, the judgment is affirmed and counsel's application to be relieved of assignment is granted (see People v Cruwys, 113 AD2d 979, 980 [3d Dept 1985], lv denied 67 NY2d 650 [1986]; see generally People v Beaty, 22 NY3d 490, 492-493 [2014]; People v Stokes, 95 NY2d 633, 638-639 [2001]).

Aarons, J.P., Fisher, McShan, Powers and Mackey, JJ., concur.

ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.



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Related

People v. Stokes
744 N.E.2d 1153 (New York Court of Appeals, 2001)
People v. Beaty
5 N.E.3d 983 (New York Court of Appeals, 2014)
People v. Cruwys
113 A.D.2d 979 (Appellate Division of the Supreme Court of New York, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
2026 NY Slip Op 00405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-moloney-nyappdiv-2026.