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People v. Cherry

Appellate Division of the Supreme Court of New York, Third Department
Jun 3, 1999
262 A.D.2d 672 (N.Y. App. Div. 1999)

Opinion

June 3, 1999

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered February 17, 1998, 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.

Donald A. Williams, District Attorney (Joan Gudesblatt Lamb of counsel), Kingston, for respondent.

BEFORE: CARDONA, P.J., MIKOLL, MERCURE, CREW III and SPAIN, JJ.


MEMORANDUM AND ORDER

Defense counsel seeks to be relieved of her 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. Defendant entered a knowing, voluntary and intelligent plea of guilty of the crime of criminal possession of a weapon in the second degree and was sentenced in accordance with the plea agreement to a prison term of 2 to 5 years. The judgment is, accordingly, affirmed and defense counsel's application for leave to withdraw 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. Cherry

Appellate Division of the Supreme Court of New York, Third Department
Jun 3, 1999
262 A.D.2d 672 (N.Y. App. Div. 1999)
Case details for

People v. Cherry

Case Details

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

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

Date published: Jun 3, 1999

Citations

262 A.D.2d 672 (N.Y. App. Div. 1999)
691 N.Y.S.2d 363