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People v. Prosser

Appellate Division of the Supreme Court of New York, Third Department
Jun 16, 2005
19 A.D.3d 809 (N.Y. App. Div. 2005)

Opinion

15021.

June 16, 2005.

Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered February 18, 2000, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.

Kim C. Anderson, Delmar, for appellant.

Robert M. Winn, District Attorney, Fort Edward, for respondent.

Before: Peters, J.P., Spain, Carpinello, Lahtinen and Kane, JJ., concur.


Having been accused of engaging in sexual intercourse with a child less than 11 years old, defendant was charged with rape in the first degree and endangering the welfare of a child. Pursuant to a plea agreement and in full satisfaction of the indictment, defendant pleaded guilty to the crime of sexual abuse in the first degree and was sentenced to a negotiated prison term of six years. He now appeals.

Defense counsel seeks to be relieved of the 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 and defense counsel's brief, we agree. Accordingly, the judgment is affirmed and defense counsel's application 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. Prosser

Appellate Division of the Supreme Court of New York, Third Department
Jun 16, 2005
19 A.D.3d 809 (N.Y. App. Div. 2005)
Case details for

People v. Prosser

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEROY PROSSER III…

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

Date published: Jun 16, 2005

Citations

19 A.D.3d 809 (N.Y. App. Div. 2005)
796 N.Y.S.2d 563