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People v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Mar 5, 1998
248 A.D.2d 750 (N.Y. App. Div. 1998)

Opinion

March 5, 1998

Appeal from the County Court of Sullivan County (Kane, J.).


Defendant entered an Alford plea of guilty to the crimes of arson in the fourth degree and two counts of burglary in the third degree and was sentenced to a prison term of 1 to 3 years on each conviction, which sentences were to run concurrently. We have reviewed the record in this matter and concur with the conclusion reached by defense counsel that there are no nonfrivolous issues which would merit an appeal. The record clearly reflects that County Court made sufficient inquiry of defendant to establish that his counseled Alford plea was entered knowingly, voluntarily and intelligently. Moreover, the sentence imposed was in accordance with the plea agreement and the relevant statutory requirements. Accordingly, the judgment of conviction is affirmed and defense counsel's application to be relieved as counsel is granted ( see, People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650).

Mercure, J. P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Mar 5, 1998
248 A.D.2d 750 (N.Y. App. Div. 1998)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMIE M. SMITH, JR.…

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

Date published: Mar 5, 1998

Citations

248 A.D.2d 750 (N.Y. App. Div. 1998)
669 N.Y.S.2d 955