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People v. Cutting

Appellate Division of the Supreme Court of New York, Third Department
Apr 13, 2000
271 A.D.2d 760 (N.Y. App. Div. 2000)

Opinion

April 13, 2000.

Appeal from a judgment of the County Court of Sullivan County (La Buda, J.), rendered September 29, 1998, convicting defendant upon his plea of guilty of the crimes of arson in the third degree and reckless endangerment in the first degree.

Carl J. Silverstein, Monticello, for appellant.

Stephen F. Lungen, District Attorney (Bonnie M. Mitzner of counsel), Monticello, for respondent.

Before: CARDONA, P.J., MERCURE, CREW III, SPAIN and GRAFFEO, JJ.


MEMORANDUM AND ORDER

Defendant pleaded guilty to the crimes of arson in the third degree and reckless endangerment in the first degree and was sentenced as a second felony offender to concurrent prison terms of 6 to 12 years and 3 1/2 to 7 years, respectively. Based upon our review of the record and defense counsel's brief, we agree with defense counsel's assertion that there are no nonfrivolous issues to be raised on appeal. Defendant waived his right to appeal as part of a knowing, voluntary and intelligent guilty plea and was sentenced in accordance with the negotiated plea agreement and relevant statutory requirements. 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. Cutting

Appellate Division of the Supreme Court of New York, Third Department
Apr 13, 2000
271 A.D.2d 760 (N.Y. App. Div. 2000)
Case details for

People v. Cutting

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD CUTTING…

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

Date published: Apr 13, 2000

Citations

271 A.D.2d 760 (N.Y. App. Div. 2000)
706 N.Y.S.2d 646