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People v. Casey

Appellate Division of the Supreme Court of New York, Third Department
Apr 29, 2004
6 A.D.3d 985 (N.Y. App. Div. 2004)

Opinion

14690.

Decided and Entered: April 29, 2004.

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered January 21, 2003, which revoked defendant's probation and imposed a sentence of imprisonment.

Richard V. Manning, Parishville, for appellant.

Jerome J. Richards, District Attorney, Canton, for respondent.

Before: Cardona, P.J., Spain, Carpinello, Mugglin and Lahtinen, JJ.


MEMORANDUM AND ORDER

On this appeal, defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Upon our review of the record and defense counsel's brief, we agree. Defendant knowingly, intelligently and voluntarily admitted to violating the terms of his probation, whereupon his probation was revoked and he was sentenced in accordance with the negotiated plea agreement to a prison term of 1 to 3 years. 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; see generally People v. Stokes, 95 N.Y.2d 633).

Cardona, P.J., Spain, Carpinello, Mugglin and Lahtinen, JJ., concur.

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


Summaries of

People v. Casey

Appellate Division of the Supreme Court of New York, Third Department
Apr 29, 2004
6 A.D.3d 985 (N.Y. App. Div. 2004)
Case details for

People v. Casey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY CASEY…

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

Date published: Apr 29, 2004

Citations

6 A.D.3d 985 (N.Y. App. Div. 2004)
775 N.Y.S.2d 604