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People v. Wasley

Supreme Court, Appellate Division, Third Department, New York.
Nov 8, 2012
100 A.D.3d 1106 (N.Y. App. Div. 2012)

Opinion

2012-11-8

The PEOPLE of the State of New York, Respondent, v. Raymond R. WASLEY, Appellant.

Abbie Goldbas, Utica, for appellant. Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.


Abbie Goldbas, Utica, for appellant. Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered May 14, 2010, convicting defendant upon his plea of guilty of the crime of attempted criminal sexual act in the first degree.

In satisfaction of a three-count indictment, defendant pleaded guilty to attempted criminal sexual act in the first degree. Under the terms of the plea agreement, he was to be sentenced as a second felony offender to 10 years in prison, to be followed by 10 years of postrelease supervision. Defendant was sentenced accordingly and he now appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record, we disagree. We find at least one issue of arguable merit pertaining to the severity of the sentence that warrants further review. Accordingly, without passing judgment on the ultimate merit of this issue, we grant counsel's application and assign new counsel to address this issue and any others that the record may disclose ( see People v. Stokes, 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 [2001];People v. Garren, 74 A.D.3d 1578, 902 N.Y.S.2d 440 [2010];People v. Cruwys, 113 A.D.2d 979, 493 N.Y.S.2d 653 [1985],lv. denied67 N.Y.2d 650, 499 N.Y.S.2d 1046, 490 N.E.2d 562 [1986] ).

ORDERED that the decision is withheld, application to be relieved of assignment granted and new counsel to be assigned.

LAHTINEN, J.P., SPAIN, KAVANAGH, McCARTHY and GARRY, JJ., concur.


Summaries of

People v. Wasley

Supreme Court, Appellate Division, Third Department, New York.
Nov 8, 2012
100 A.D.3d 1106 (N.Y. App. Div. 2012)
Case details for

People v. Wasley

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Raymond R. WASLEY…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Nov 8, 2012

Citations

100 A.D.3d 1106 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 7336
952 N.Y.S.2d 911

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