People v. Sherrod

Appellate Division of the Supreme Court of New York

People v. Sherrod

246 A.D.2d 682, 666 N.Y.S.2d 524, 1998 N.Y. App. Div. LEXIS 86

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

DecidedJanuary 8, 1998

StatusPublished

This text of 246 A.D.2d 682 (People v. Sherrod) 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. Sherrod, 246 A.D.2d 682, 666 N.Y.S.2d 524, 1998 N.Y. App. Div. LEXIS 86 (N.Y. Ct. App. 1998).

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Opinion

Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered June 10, 1996, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Counsel 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 both the record and defense counsel’s brief leads to the same conclusion. Defendant entered a knowing, voluntary and intelligent plea of guilty to the crime of attempted promoting prison contraband in the first degree, following which he was sentenced as a second felony offender to a prison term of IV2 to 3 years, to be served consecutively with the prison term he was serving as the result of a previous conviction. Defendant’s sentence was in full accordance with the plea bargaining agreement and the relevant statutory requirements. The judgment is, accordingly, affirmed and defense counsel’s application for leave to withdraw is granted (see, Matter of Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

Cardona, P. J., Mikoll, Yesawich Jr., Peters and Spain, 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 Chemung County (Danaher, Jr., J.), rendered June 10, 1996, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Counsel 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 both the record and defense counsel’s brief leads to the same conclusion. Defendant entered a knowing, voluntary and intelligent plea of guilty to the crime of attempted promoting prison contraband in the first degree, following which he was sentenced as a second felony offender to a prison term of IV2 to 3 years, to be served consecutively with the prison term he was serving as the result of a previous conviction. Defendant’s sentence was in full accordance with the plea bargaining agreement and the relevant statutory requirements. The judgment is, accordingly, affirmed and defense counsel’s application for leave to withdraw is granted (see, Matter of Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

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

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Bluebook (online)

246 A.D.2d 682, 666 N.Y.S.2d 524, 1998 N.Y. App. Div. LEXIS 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sherrod-nyappdiv-1998.

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