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People v. Gage

Appellate Division of the Supreme Court of New York, Third Department
May 6, 1999
261 A.D.2d 660 (N.Y. App. Div. 1999)

Opinion

May 6, 1999

Appeal from the County Court of Schenectady County (Lamont, J.).


Defendant pleaded guilty to three counts of the crime of robbery in the second degree in satisfaction of a multicount indictment charging her and her codefendants, James Gage (People v. Gage, 259 A.D.2d 837) and James Eleby, with a series of convenience store robberies in the Schenectady County area. Defendant was sentenced to concurrent terms of 5 to 10 years in prison, plus restitution. On appeal, defense counsel asserts that no nonfrivolous appealable issues exist and seeks to be relieved of his assignment as counsel for defendant. Upon our review of the record and defense counsel's brief, we agree. The record discloses that defendant, who was represented by retained counsel, waived her right to appeal the conviction and sentence as part of a knowing, voluntary and intelligent plea of guilty and was sentenced in accordance with the negotiated plea agreement and relevant statutory requirements. In view of the foregoing, we affirm the judgment of conviction and grant defense counsel's application to withdraw ( see, People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650).

Cardona, P. J., Mikoll, Yesawich Jr., Carpinello and Graffeo, JJ., concur.

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


Summaries of

People v. Gage

Appellate Division of the Supreme Court of New York, Third Department
May 6, 1999
261 A.D.2d 660 (N.Y. App. Div. 1999)
Case details for

People v. Gage

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEBORAH A. GAGE…

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

Date published: May 6, 1999

Citations

261 A.D.2d 660 (N.Y. App. Div. 1999)
690 N.Y.S.2d 308

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