People v. Fuller, 110240

CourtNew York Supreme Court Appellate Division
Citation171 A.D.3d 1258,95 N.Y.S.3d 900 (Mem)
Docket Number110240
Parties The PEOPLE of the State of New York, Respondent, v. Joshua B. FULLER, Appellant.
Decision Date04 April 2019

Michael. T. Baker, Public Defender, Binghamton (Jake Buckland of counsel), for appellant.

Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), for respondent.

Before: Garry, P.J., Egan Jr., Lynch, Devine and Aarons, JJ.

MEMORANDUM AND ORDER

Defendant pleaded guilty to grand larceny in the third degree and was sentenced to five years of probation. Thereafter, defendant admitted to violating the terms of his probation. County Court revoked defendant's probation and sentenced him to a prison term of 2 to 7 years. Defendant appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues that may be raised on appeal. Upon our review of the record, however, we perceive at least one issue of arguable merit pertaining to the harshness of the sentence that warrants further review. Accordingly, without passing judgment on the ultimate merit of this issue, we grant counsel's application for leave to withdraw and assign new counsel to address this issue and any others that the record may disclose (see People v. Beaty, 22 N.Y.3d 490, 493, 982 N.Y.S.2d 820, 5 N.E.3d 983 [2006] ; People v. Stokes, 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 [2001] ; see generally People v. Cruwys, 113 A.D.2d 979, 493 N.Y.S.2d 653 [1985], lv denied 67 N.Y.2d 650, 499 N.Y.S.2d 1046, 490 N.E.2d 562 [1986] ).

Garry, P.J., Egan Jr., Lynch, Devine and Aarons, JJ., concur.

ORDERED that the decision is withheld, application to be relieved of assignment granted and new counsel to be assigned.

To continue reading

Request your trial
3 cases
  • People v. Titus, 109608
    • United States
    • New York Supreme Court Appellate Division
    • April 4, 2019
    ...however, has reversed the judgment convicting defendant of attempted burglary in the third degree ( People v. Titus, ––– A.D.3d ––––, 95 N.Y.S.3d 900, 2019 WL 1473613 [decided herewith] ). The reversal nullifies the express promise that materially induced defendant to admit to the violation......
  • People v. Fuller, 110240B
    • United States
    • New York Supreme Court Appellate Division
    • December 5, 2019
    ...new counsel to address at least one issue of 178 A.D.3d 1152 arguable merit pertaining to the harshness of the sentence imposed ( 171 A.D.3d 1258, 95 N.Y.S.3d 900 [2019] ).We are unpersuaded by defendant's contention that the resentence following the revocation of probation is harsh and exc......
  • Santander Consumer USA, Inc. v. All Cnty. Towing, 526045
    • United States
    • New York Supreme Court Appellate Division
    • April 4, 2019
    ...171 A.D.3d 125896 N.Y.S.3d 392In the Matter of SANTANDER CONSUMER USA, INC., Respondent,v.ALL COUNTY TOWING, Appellant, et al., Respondent.526045Supreme Court, Appellate Division, Third Department, New York.Calendar Date: February 15, 2019Decided and Entered: April 4, 2019Peter B. O'Connell......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT