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People v. Lucas

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 2010
69 A.D.3d 1057 (N.Y. App. Div. 2010)

Opinion

No. 102016.

January 14, 2010.

Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered July 8, 2008, convicting defendant upon her plea of guilty of the crime of robbery in the first degree.

Thomas F. Garner, Middleburgh, for appellant, and appellant pro se.

Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.

Before: Peters, J.P., Rose, Malone Jr., Stein and Garry, JJ., concur.


Defendant was charged in a 16-count indictment with numerous crimes following a vicious assault on an elderly woman during which the victim's purse was snatched and bleach was thrown in her eyes. She pleaded guilty to robbery in the first degree in full satisfaction of the charges and waived her right to appeal. Thereafter, she was sentenced in accordance with the plea agreement to 16 years in prison, to be followed by four years of postrelease supervision. Defendant now appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record, counsel's brief and defendant's pro se submission, we agree. Therefore, the judgment is affirmed and counsel's request for leave to withdraw is granted ( see People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650; see generally People v Stokes, 95 NY2d 633).

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


Summaries of

People v. Lucas

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 2010
69 A.D.3d 1057 (N.Y. App. Div. 2010)
Case details for

People v. Lucas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOMINIQUE LUCAS…

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

Date published: Jan 14, 2010

Citations

69 A.D.3d 1057 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 314
891 N.Y.S.2d 679