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People v. Carter

Appellate Division of the Supreme Court of New York, Third Department
Dec 28, 2000
278 A.D.2d 748 (N.Y. App. Div. 2000)

Opinion

December 28, 2000.

Appeal from a judgment of the County Court of Broome County (Mathews, J.), entered January 26, 2000, convicting defendant upon his plea of guilty of the crime of attempted robbery in the second degree.

Christian J. Root, Binghamton, for appellant.

Gerald F. Mollen, District Attorney (Michael A. Korchak of counsel), Binghamton, for respondent.

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


MEMORANDUM AND ORDER


Defendant pleaded guilty to the crime of attempted robbery in the second degree and was sentenced as a second violent felony offender to a determinate prison term of five years. Defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that no nonfrivolous issues can be raised on appeal. Upon our review of the record and defense counsel's brief, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty and was sentenced in accordance with the negotiated 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. Carter

Appellate Division of the Supreme Court of New York, Third Department
Dec 28, 2000
278 A.D.2d 748 (N.Y. App. Div. 2000)
Case details for

People v. Carter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEREK D. CARTER…

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

Date published: Dec 28, 2000

Citations

278 A.D.2d 748 (N.Y. App. Div. 2000)
718 N.Y.S.2d 657