From Casetext: Smarter Legal Research

People v. Hesch

Appellate Division of the Supreme Court of New York, Third Department
Apr 6, 2006
28 A.D.3d 798 (N.Y. App. Div. 2006)

Opinion

15869.

April 6, 2006.

Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), rendered August 13, 2004, convicting defendant upon his plea of guilty of the crime of attempted robbery in the second degree.

Stephen Rockmacher, Schenectady, for appellant.

Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), for respondent.

Before: Cardona, P.J., Crew III, Peters, Carpinello and Kane, JJ., concur.


In satisfaction of a seven-count indictment, defendant waived his right to appeal and pleaded guilty to the reduced charge of attempted robbery in the second degree. He was sentenced as a second felony offender in accordance with the plea agreement to a prison term of four years, followed by five years of postrelease supervision. On appeal, appellate counsel for defendant seeks to be relieved of his assignment on the ground that there are no nonfrivolous issues that can be raised on appeal. Based upon our review of the record and defense counsel's brief, we agree. The judgment is, accordingly, affirmed and the application for leave to withdraw is granted ( see People v. Cruwys, 113 AD2d 979, lv denied 67 NY2d 650; see generally People v. Stokes, 95 NY2d 633).

Ordered that the judgment is affirmed, and application to be relieved of assignment granted.


Summaries of

People v. Hesch

Appellate Division of the Supreme Court of New York, Third Department
Apr 6, 2006
28 A.D.3d 798 (N.Y. App. Div. 2006)
Case details for

People v. Hesch

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTIAN HESCH…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 6, 2006

Citations

28 A.D.3d 798 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2573
811 N.Y.S.2d 600

Citing Cases

People v. Jack Smith

Such a right, we believe, is diminished here by an Anders brief which declines to argue the merits of a…