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People v. Cherry

Supreme Court, Appellate Division, Third Department, New York.
Mar 10, 2016
137 A.D.3d 1377 (N.Y. App. Div. 2016)

Opinion

106698.

03-10-2016

The PEOPLE of the State of New York, Respondent, v. Terry L. CHERRY, Appellant.

Henry C. Meier, Delmar, for appellant. D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.


Henry C. Meier, Delmar, for appellant.

D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.

Opinion

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered March 11, 2014, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

Defendant waived indictment and pleaded guilty to criminal possession of a controlled substance in the fourth degree as charged in a superior court information, which satisfied other drug-related felony charges and Vehicle and Traffic Law violations. Pursuant to the plea agreement, defendant waived his right to appeal during the plea allocution and signed a written appeal waiver in open court that counsel indicated he had reviewed with him. Defendant admitted his predicate felony conviction and County Court imposed the agreed-upon prison sentence of five years followed by three years of postrelease supervision. This appeal followed.

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 agree. Accordingly, the judgment of conviction is affirmed and leave to withdraw is granted (see People v. Cruwys, 113 A.D.2d 979, 493 N.Y.S.2d 653 1985, lv. denied 67 N.Y.2d 650, 499 N.Y.S.2d 1046, 490 N.E.2d 562 1986; see generally People v. Stokes, 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 2001 ).

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

PETERS, P.J., McCARTHY, GARRY and ROSE, JJ., concur.


Summaries of

People v. Cherry

Supreme Court, Appellate Division, Third Department, New York.
Mar 10, 2016
137 A.D.3d 1377 (N.Y. App. Div. 2016)
Case details for

People v. Cherry

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY L. CHERRY…

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

Date published: Mar 10, 2016

Citations

137 A.D.3d 1377 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 1705
25 N.Y.S.3d 915