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People v. Bryant

Appellate Division of the Supreme Court of New York, Third Department
Jan 25, 2001
279 A.D.2d 890 (N.Y. App. Div. 2001)

Opinion

January 25, 2001.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered November 12, 1999, convicting defendant upon his plea of guilty of the crime of attempted robbery in the first degree.

Michael P. Smith, Delmar, for appellant.

Gerald F. Mollen, District Attorney (Geoffrey B. Rossi of counsel), Binghamton, for respondent.

Before: Cardona, P.J., Crew III, Carpinello, Mugglin and Lahtinen, JJ.


MEMORANDUM AND ORDER

Defendant pleaded guilty to the reduced charge of attempted robbery in the first degree and was sentenced in accordance with the negotiated plea agreement to a determinate prison term of 3½ years. County Court also imposed a three-year period of postrelease supervision (see, Penal Law § 70.45). Defense counsel now seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Upon our review of the record and defense counsel's brief, we agree. Defendant entered a knowing, voluntary and intelligent plea and was sentenced in accordance with the plea agreement and relevant statutory requirements. 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).

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


Summaries of

People v. Bryant

Appellate Division of the Supreme Court of New York, Third Department
Jan 25, 2001
279 A.D.2d 890 (N.Y. App. Div. 2001)
Case details for

People v. Bryant

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BERNARD C. BRYANT…

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

Date published: Jan 25, 2001

Citations

279 A.D.2d 890 (N.Y. App. Div. 2001)
718 N.Y.S.2d 906

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