People v. Hastings

• Decision Date: 06 April 2000
• Citation: 706 N.Y.S.2d 367,271 A.D.2d 707
• Court: New York Supreme Court — Appellate Division
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>CHARLES D. HASTINGS, Appellant.

271 A.D.2d 707

706 N.Y.S.2d 367

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.CHARLES D. HASTINGS, Appellant.

Decided April 6, 2000.

Cardona, P. J., Mercure, Crew III, Peters and Mugglin, JJ., concur.

Defense counsel seeks to be relieved from his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. The record reveals that defendant entered a knowing, voluntary and intelligent plea of guilty to driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree and was sentenced to concurrent terms of 1 to 3 years in prison. His sentence is in accordance with the relevant statutory requirements and not harsh and excessive. Accordingly, the judgment is affirmed and defense counsel's application for leave to withdraw is granted (see, People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).

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