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People v. Merritt

Appellate Division of the Supreme Court of New York, Third Department
Apr 8, 2004
6 A.D.3d 811 (N.Y. App. Div. 2004)

Opinion

13607.

Decided and Entered: April 8, 2004.

Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered December 18, 2000, convicting defendant upon his plea of guilty of the crime of robbery in the third degree.

Catherine A. Barber, Schenectady, for appellant.

John R. Trice, District Attorney, Elmira, for respondent.

Before: Cardona, P.J., Peters, Spain, Rose and Kane, JJ.


MEMORANDUM AND ORDER

Defense counsel seeks to be relieved of her assignment as counsel for defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Upon our review of the record and defense counsel's brief, we agree. Defendant pleaded guilty to the reduced charge of robbery in the third degree and was sentenced as a second felony offender in accordance with the negotiated plea agreement to a prison term of 3 to 6 years. 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; see generally People v Stokes, 95 N.Y.2d 633).

Cardona, P.J., Peters, Spain, Rose and Kane, JJ., concur.

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


Summaries of

People v. Merritt

Appellate Division of the Supreme Court of New York, Third Department
Apr 8, 2004
6 A.D.3d 811 (N.Y. App. Div. 2004)
Case details for

People v. Merritt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIJA MERRITT…

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

Date published: Apr 8, 2004

Citations

6 A.D.3d 811 (N.Y. App. Div. 2004)
774 N.Y.S.2d 449