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People v. LaFountain

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 625 (N.Y. App. Div. 1997)

Opinion

April 3, 1997


Appeal from a judgment of the County Court of Warren County (Moynihan, Jr., J.), rendered August 17, 1994, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

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. Our review of both the record and defense counsel's brief leads to the same conclusion. Defendant entered a knowing, voluntary and intelligent plea of guilty of the crime of criminal sale of a controlled substance in the third degree. His sentence was in accordance with the plea agreement and complied with the 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).

Cardona, P.J., Crew III, White, Casey and Carpinello, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.


Summaries of

People v. LaFountain

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 625 (N.Y. App. Div. 1997)
Case details for

People v. LaFountain

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICKY L. LaFOUNTAIN…

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

Date published: Apr 3, 1997

Citations

238 A.D.2d 625 (N.Y. App. Div. 1997)
656 N.Y.S.2d 954