People v. O'Meally

Appellate Division of the Supreme Court of New York

People v. O'Meally

68 A.D.3d 1251, 889 N.Y.2d 501

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

DecidedDecember 10, 2009

StatusPublished

This text of 68 A.D.3d 1251 (People v. O'Meally) 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. O'Meally, 68 A.D.3d 1251, 889 N.Y.2d 501 (N.Y. Ct. App. 2009).

Pincite

Opinion

Defendant pleaded guilty to attempted criminal possession of [1252]*1252a weapon in the third degree and waived his right to appeal. He was thereafter sentenced, in accordance with the plea agreement, to a term of imprisonment of IV2 years to 3 years. 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. Based upon our review of the record and counsel’s brief, we agree. Consequently, the judgment is affirmed and counsel’s application for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Mercure, J.E, Rose, Kane, Kavanagh and Garry, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

Free access — add to your briefcase to read the full text and ask questions with AI

Defendant pleaded guilty to attempted criminal possession of [1252]*1252a weapon in the third degree and waived his right to appeal. He was thereafter sentenced, in accordance with the plea agreement, to a term of imprisonment of IV2 years to 3 years. 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. Based upon our review of the record and counsel’s brief, we agree. Consequently, the judgment is affirmed and counsel’s application for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Mercure, J.E, Rose, Kane, Kavanagh and Garry, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

Cite This Page — Counsel Stack

Bluebook (online)

68 A.D.3d 1251, 889 N.Y.2d 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-omeally-nyappdiv-2009.

Opinion

Related

Cite This Page — Counsel Stack