People v. Van Guilder

Appellate Division of the Supreme Court of New York

People v. Van Guilder

104 A.D.3d 964, 960 N.Y.S.2d 332

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

DecidedMarch 7, 2013

StatusPublished

This text of 104 A.D.3d 964 (People v. Van Guilder) 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. Van Guilder, 104 A.D.3d 964, 960 N.Y.S.2d 332 (N.Y. Ct. App. 2013).

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Opinion

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered February 23, 2011, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to criminal possession of a weapon in the third degree and waived his right to appeal. In accordance with the plea agreement, he was sentenced as a second felony offender to 2 to 4 years in prison to run consecutively to the sentence imposed on a prior conviction. Defendant now appeals.

Appellate counsel seeks to be relieved of her assignment of representing defendant upon 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. Therefore, the judgment is affirmed and counsel’s request 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]).

Peters, PJ., Rose, Stein and Garry, 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 Washington County (McKeighan, J.), rendered February 23, 2011, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to criminal possession of a weapon in the third degree and waived his right to appeal. In accordance with the plea agreement, he was sentenced as a second felony offender to 2 to 4 years in prison to run consecutively to the sentence imposed on a prior conviction. Defendant now appeals.

Appellate counsel seeks to be relieved of her assignment of representing defendant upon 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. Therefore, the judgment is affirmed and counsel’s request 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]).

Peters, PJ., Rose, Stein and Garry, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

104 A.D.3d 964, 960 N.Y.S.2d 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-van-guilder-nyappdiv-2013.

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