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People v. Hurst

Appellate Division of the Supreme Court of New York, Third Department
Jun 27, 2002
295 A.D.2d 807 (N.Y. App. Div. 2002)

Opinion

12833

Decided and Entered: June 27, 2002.

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered December 22, 2000, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Michael C. Ross, Bloomingburg, for appellant.

John R. Trice, District Attorney, Elmira (Anna Guardino of counsel), for respondent.

Before: Mercure, J.P., Crew III, Spain, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER

Defendant pleaded guilty to the crime of attempted promoting prison contraband in the first degree and was sentenced as a second felony offender to an indeterminate prison term of 1½ to 3 years to run consecutively to the term of imprisonment that he was then serving. Defense counsel seeks to be relieved of his 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. The judgment is therefore affirmed and defense counsel's application for leave to withdraw is granted (see,People v. Stokes, 95 N.Y.2d 633; People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650).

Mercure, J.P., Crew III, Spain, Rose and Lahtinen, JJ., concur.

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


Summaries of

People v. Hurst

Appellate Division of the Supreme Court of New York, Third Department
Jun 27, 2002
295 A.D.2d 807 (N.Y. App. Div. 2002)
Case details for

People v. Hurst

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD HURST, Appellant

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

Date published: Jun 27, 2002

Citations

295 A.D.2d 807 (N.Y. App. Div. 2002)
743 N.Y.S.2d 910