People v. Vasavada

Appellate Division of the Supreme Court of New York

People v. Vasavada

10 A.D.3d 813, 781 N.Y.S.2d 921

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

DecidedSeptember 30, 2004

StatusPublished

This text of 10 A.D.3d 813 (People v. Vasavada) 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. Vasavada, 10 A.D.3d 813, 781 N.Y.S.2d 921 (N.Y. Ct. App. 2004).

Pincite

Opinion

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, [814]*814J.), rendered June 10, 2003, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Defendant pleaded guilty to the reduced charge of assault in the second degree and waived his right to appeal. Defendant was thereafter sentenced as a second felony offender in accordance with the plea agreement to a prison term of 4½ years, followed by five years of postrelease supervision. On appeal, defense 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. Upon our review of the record, defense counsel’s brief and defendant’s pro se submission, we agree. 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., Crew III, Peters, Rose and Kane, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, [814]*814J.), rendered June 10, 2003, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Defendant pleaded guilty to the reduced charge of assault in the second degree and waived his right to appeal. Defendant was thereafter sentenced as a second felony offender in accordance with the plea agreement to a prison term of 4½ years, followed by five years of postrelease supervision. On appeal, defense 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. Upon our review of the record, defense counsel’s brief and defendant’s pro se submission, we agree. 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., Crew III, Peters, Rose and Kane, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

Cite This Page — Counsel Stack

Bluebook (online)

10 A.D.3d 813, 781 N.Y.S.2d 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vasavada-nyappdiv-2004.

Opinion

Related

Cite This Page — Counsel Stack