People v. Orr

Appellate Division of the Supreme Court of New York

People v. Orr

249 A.D.2d 832, 672 N.Y.S.2d 824, 1998 N.Y. App. Div. LEXIS 4822

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

DecidedApril 30, 1998

StatusPublished

This text of 249 A.D.2d 832 (People v. Orr) 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. Orr, 249 A.D.2d 832, 672 N.Y.S.2d 824, 1998 N.Y. App. Div. LEXIS 4822 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from a judgment of the County Court of Sullivan County (Ledina, J.), rendered April 18, 1997, convicting defendant upon his plea of guilty of the crimes of assault in the first degree and criminal possession of a weapon in the second degree.

Defendant pleaded guilty to the crimes of assault in the first degree and criminal possession of a weapon in the second degree in satisfaction of a 10-count indictment and was sentenced to concurrent prison terms of 4V2 to 9 years. Defense [833]*833counsel avers that no nonfrivolous appealable issues exist and seeks to be relieved of his assignment as counsel for defendant. Upon our review of the record and defense counsel’s brief, we agree. The record evinces that defendant entered a knowing, voluntary and intelligent plea of guilty and that he was sentenced in accordance with the plea agreement. In view of the foregoing, we affirm the judgment .of conviction and grant counsel’s application to be relieved of his assignment (see, People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

Mikoll, J. P., Mercure, Peters, Spain and Graffeo, 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 Sullivan County (Ledina, J.), rendered April 18, 1997, convicting defendant upon his plea of guilty of the crimes of assault in the first degree and criminal possession of a weapon in the second degree.

Defendant pleaded guilty to the crimes of assault in the first degree and criminal possession of a weapon in the second degree in satisfaction of a 10-count indictment and was sentenced to concurrent prison terms of 4V2 to 9 years. Defense [833]*833counsel avers that no nonfrivolous appealable issues exist and seeks to be relieved of his assignment as counsel for defendant. Upon our review of the record and defense counsel’s brief, we agree. The record evinces that defendant entered a knowing, voluntary and intelligent plea of guilty and that he was sentenced in accordance with the plea agreement. In view of the foregoing, we affirm the judgment .of conviction and grant counsel’s application to be relieved of his assignment (see, People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

Mikoll, J. P., Mercure, Peters, Spain and Graffeo, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

249 A.D.2d 832, 672 N.Y.S.2d 824, 1998 N.Y. App. Div. LEXIS 4822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-orr-nyappdiv-1998.

Opinion

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