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People v. Driscoll

Appellate Division of the Supreme Court of New York, Third Department
Jul 8, 1999
263 A.D.2d 619 (N.Y. App. Div. 1999)

Opinion

July 8, 1999

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered June 14, 1996, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

N. Jane Murphy, Jacksonville, for appellant.

Thomas F. O'Mara, District Attorney, Elmira, for respondent.

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


MEMORANDUM AND ORDER

Following the denial of defendant's pretrial motion seeking to suppress certain identification testimony, defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree in satisfaction of a two-count indictment charging him with separate crack cocaine sales on two different dates. He was sentenced as a second felony offender to the most lenient permissible prison term of 4 1/2 to 9 years. Defense counsel contends that there are no nonfrivolous issues which can be raised on appeal and seeks to be relieved of her assignment as counsel for defendant. Upon 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).

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


Summaries of

People v. Driscoll

Appellate Division of the Supreme Court of New York, Third Department
Jul 8, 1999
263 A.D.2d 619 (N.Y. App. Div. 1999)
Case details for

People v. Driscoll

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RASHAD DRISCOLL…

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

Date published: Jul 8, 1999

Citations

263 A.D.2d 619 (N.Y. App. Div. 1999)
692 N.Y.S.2d 617