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People v. Burke

Appellate Division of the Supreme Court of New York, Third Department
Apr 13, 2000
271 A.D.2d 762 (N.Y. App. Div. 2000)

Opinion

April 13, 2000.

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered March 17, 1999, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

Paul L. Gruner, Public Defender (Denise Y. Dourdeville of counsel), Kingston, for appellant.

Before: CARDONA, P.J., CREW III, SPAIN, CARPINELLO and GRAFFEO, JJ.


MEMORANDUM AND ORDER

Defense counsel seeks to be relieved from 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 and defense counsel's brief, we agree. After waiving indictment, defendant, represented by counsel, entered a knowing, voluntary and intelligent plea of guilty to the crime of criminal possession of a weapon in the second degree and waived his right to appeal (see, People v. George, 261 A.D.2d 711, lv denied 93 N.Y.2d 1018).

Defendant was sentenced to a determinate prison term of 3 1/2 years in accordance with the agreed-upon terms of the plea agreement. The judgment is accordingly affirmed and defense counsel's application for leave to withdraw is granted (see,People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650).

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


Summaries of

People v. Burke

Appellate Division of the Supreme Court of New York, Third Department
Apr 13, 2000
271 A.D.2d 762 (N.Y. App. Div. 2000)
Case details for

People v. Burke

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL BURKE…

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

Date published: Apr 13, 2000

Citations

271 A.D.2d 762 (N.Y. App. Div. 2000)
706 N.Y.S.2d 644