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People v. Schongar

Appellate Division of the Supreme Court of New York, Third Department
Sep 23, 2010
76 A.D.3d 1119 (N.Y. App. Div. 2010)

Opinion

No. 102677.

September 23, 2010.

Appeal from a judgment of the County Court of Essex County (Meyer, J.), rendered December 2, 2008, convicting defendant upon his plea of guilty of the crime of criminal possession of stolen property in the fourth degree.

Barry J. Jones, Hudson Falls, for appellant.

Kristy L. Sprague, District Attorney, Elizabethtown, for respondent.

Before: Cardona, P.J., Spain, Lahtinen, Kavanagh and Garry, JJ.


During a thorough colloquy in which defendant's rights and the consequences of his plea were reviewed in detail, defendant pleaded guilty to criminal possession of stolen property in the fourth degree and waived his right to appeal. County Court thereafter sentenced him as an admitted second felony offender, as relevant here, to 2 to 4 years in prison. Defendant now appeals.

Appellate counsel for defendant asks to be relieved of his assignment on the ground that there are no nonfrivolous issues to be argued on appeal. Based upon our review of the record and counsel's brief, we agree. As such, the judgment is affirmed and 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. Schongar

Appellate Division of the Supreme Court of New York, Third Department
Sep 23, 2010
76 A.D.3d 1119 (N.Y. App. Div. 2010)
Case details for

People v. Schongar

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES W. SCHONGAR…

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

Date published: Sep 23, 2010

Citations

76 A.D.3d 1119 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 6663
907 N.Y.S.2d 711