PEOPLE v. SMITH

105644.

118 A.D.3d 1222 (2014)

988 N.Y.S.2d 501

2014 NY Slip Op 4810

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMMY SMITH, Also Known as CRICKET, Appellant.

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

Decided June 26, 2014.


In satisfaction of a four-count indictment, defendant pleaded guilty to burglary in the second degree and waived his right to appeal. Under the terms of the plea agreement, he was to be sentenced as a second felony offender to 5½ years in prison to be followed by five years of postrelease supervision. He was sentenced accordingly and now appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no...

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