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People v. Johnson

1 A.D.2d 641 Court N.Y. App. Div. Decision date 2003-11-06 English

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p. 641
The People of the State of New York, Respondent, v Richard D. Johnson, Appellant.
[766 NYS2d 604]

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered November 27, 1996, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.

Defendant pleaded guilty to the crime of robbery in the second degree and was sentenced as a second violent felony offender in accordance with the plea agreement to a prison term of seven years. Defense counsel seeks to be relieved of her 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. The judgment is, therefore, affirmed and defense counsel’s application for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Crew III, J.E, Carpinello, Mugglin, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

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