People v. Prosser

Appellate Division of the Supreme Court of New York

People v. Prosser

19 A.D.3d 809, 796 N.Y.S.2d 563

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

DecidedJune 16, 2005

StatusPublished

This text of 19 A.D.3d 809 (People v. Prosser) 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. Prosser, 19 A.D.3d 809, 796 N.Y.S.2d 563 (N.Y. Ct. App. 2005).

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Opinion

Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered February 18, 2000, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.

Having been accused of engaging in sexual intercourse with a child less than 11 years old, defendant was charged with rape in the first degree and endangering the welfare of a child. Pursu- ant to a plea agreement and in full satisfaction of the indict- ment, defendant pleaded guilty to the crime of sexual abuse in the first degree and was sentenced to a negotiated prison term of six years. He now appeals.

Defense counsel seeks to be relieved of the 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 defense counsel’s brief, we agree. Ac- cordingly, the judgment is affirmed and defense counsel’s ap- plication 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]).

Peters, J.E, Spain, Carpinello, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted. 5

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Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered February 18, 2000, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.

Having been accused of engaging in sexual intercourse with a child less than 11 years old, defendant was charged with rape in the first degree and endangering the welfare of a child. Pursu- ant to a plea agreement and in full satisfaction of the indict- ment, defendant pleaded guilty to the crime of sexual abuse in the first degree and was sentenced to a negotiated prison term of six years. He now appeals.

Defense counsel seeks to be relieved of the 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 defense counsel’s brief, we agree. Ac- cordingly, the judgment is affirmed and defense counsel’s ap- plication 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]).

Peters, J.E, Spain, Carpinello, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted. 5

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Bluebook (online)

19 A.D.3d 809, 796 N.Y.S.2d 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-prosser-nyappdiv-2005.

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