People v. Raffiani

Appellate Division of the Supreme Court of New York

People v. Raffiani

308 A.D.2d 607, 764 N.Y.S.2d 215

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

DecidedSeptember 11, 2003

StatusPublished

This text of 308 A.D.2d 607 (People v. Raffiani) 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. Raffiani, 308 A.D.2d 607, 764 N.Y.S.2d 215 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from a judgment of the Supreme Court (Lamont, J.), rendered July 13, 2001 in Albany County, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

Defendant pleaded guilty to the crime of burglary in the second degree and was sentenced as a second felony offender in accordance with the negotiated plea agreement to a determinate term of 12 years’ imprisonment and 5 years of postrelease supervision. Defense counsel now 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. Our review of the record and defense counsel’s brief leads to the same conclusion. 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]).

Cardona, P.J., Spain, Mugglin, Rose and Kane, 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 Supreme Court (Lamont, J.), rendered July 13, 2001 in Albany County, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

Defendant pleaded guilty to the crime of burglary in the second degree and was sentenced as a second felony offender in accordance with the negotiated plea agreement to a determinate term of 12 years’ imprisonment and 5 years of postrelease supervision. Defense counsel now 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. Our review of the record and defense counsel’s brief leads to the same conclusion. 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]).

Cardona, P.J., Spain, Mugglin, Rose and Kane, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

308 A.D.2d 607, 764 N.Y.S.2d 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-raffiani-nyappdiv-2003.

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