People v. Wiemeier

Appellate Division of the Supreme Court of New York

People v. Wiemeier

62 A.D.3d 1164, 878 N.Y.S.2d 636

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

DecidedMay 21, 2009

StatusPublished

This text of 62 A.D.3d 1164 (People v. Wiemeier) 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.

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People v. Wiemeier, 62 A.D.3d 1164, 878 N.Y.S.2d 636 (N.Y. Ct. App. 2009).

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Opinion

from a judgment of the County Court of Madison County (DiStefano, J.), rendered March 6, 2008, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Defendant pleaded guilty to criminal possession of a controlled substance in the fifth degree and waived his right to appeal. County Court thereafter sentenced him in accordance with the plea agreement to one year in jail. Defendant now appeals.

Defendant’s appellate counsel requests that she be relieved of her assignment on the basis that there are no nonfrivolous issues to be argued on appeal. Upon our review of counsel’s brief and the record, we concur. Accordingly, the judgment is affirmed and 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]).

Mercure, J.P., Spain, Kane, Kavanagh and McCarthy, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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from a judgment of the County Court of Madison County (DiStefano, J.), rendered March 6, 2008, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Defendant pleaded guilty to criminal possession of a controlled substance in the fifth degree and waived his right to appeal. County Court thereafter sentenced him in accordance with the plea agreement to one year in jail. Defendant now appeals.

Defendant’s appellate counsel requests that she be relieved of her assignment on the basis that there are no nonfrivolous issues to be argued on appeal. Upon our review of counsel’s brief and the record, we concur. Accordingly, the judgment is affirmed and 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]).

Mercure, J.P., Spain, Kane, Kavanagh and McCarthy, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

62 A.D.3d 1164, 878 N.Y.S.2d 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wiemeier-nyappdiv-2009.

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