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People v. Price

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 1996
228 A.D.2d 717 (N.Y. App. Div. 1996)

Opinion

June 6, 1996

Appeal from the County Court of Broome County (Mathews, J.).


In satisfaction of a four-count indictment, defendant pleaded guilty to the crimes of attempted kidnapping in the second degree and assault in the second degree and was sentenced, respectively, to concurrent prison terms of 6 to 12 years and 3 1/2 to 7 years. Defense counsel seeks to be relieved of representing defendant on appeal on the basis that there are no nonfrivolous issues that may be raised. Based on our review of the record, we agree. Defendant entered a knowing, intelligent and voluntary plea of guilty to the subject crimes. There was no basis for granting his motion to withdraw his guilty plea. Moreover, the sentence imposed was not excessive in light of the seriousness of the crimes to which defendant pleaded guilty. In view of the foregoing, the judgment must be affirmed and defense counsel's application for leave to withdraw granted ( see, People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650).

Mercure, J.P., Crew III, White, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.


Summaries of

People v. Price

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 1996
228 A.D.2d 717 (N.Y. App. Div. 1996)
Case details for

People v. Price

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT W. PRICE…

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

Date published: Jun 6, 1996

Citations

228 A.D.2d 717 (N.Y. App. Div. 1996)
643 N.Y.S.2d 431