PEOPLE v. LIVINGSTONE


13 A.D.3d 978 (2004)

786 N.Y.S.2d 367

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES L. LIVINGSTONE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 2004.


Following defendant's conviction of attempted burglary in the third degree, he was sentenced to five years' probation. Thereafter, defendant knowingly, voluntarily and intelligently admitted to violating the terms of his probation, whereupon his probation was revoked and he was sentenced to one year in jail. Defense counsel now 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....

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