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People v. Casey

Appellate Division of the Supreme Court of New York, Third Department
Apr 15, 2004
6 A.D.3d 878 (N.Y. App. Div. 2004)

Opinion

14689.

Decided and Entered: April 15, 2004.

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered January 21, 2003, convicting defendant upon his plea of guilty of the crimes of burglary in the second degree and burglary in the third degree.

Richard V. Manning, Parishville, for appellant.

Jerome J. Richards, District Attorney, Canton (Laurie L. Paro of counsel), for respondent.

Before: Cardona, P.J., Crew III, Peters, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER

Three days after the commencement of a jury trial, defendant waived his right to appeal and pleaded guilty to the crimes of burglary in the second degree and burglary in the third degree. Defendant was sentenced as a second felony offender to concurrent prison terms of 7 years, followed by a five-year period of postrelease supervision, and 3 to 7 years, respectively. In addition, defendant admitted to violating the terms of his probation, whereupon his probation was revoked and he was sentenced to 1 to 3 years in prison. 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. 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., Crew III, Peters, Rose 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 15, 2004
6 A.D.3d 878 (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 15, 2004

Citations

6 A.D.3d 878 (N.Y. App. Div. 2004)
774 N.Y.S.2d 450