People v. Moloney

Moloney, 2026 NY Slip Op 00405 (Supreme Court of the State of New York Appellate Division Third Department 2026) · Supreme Court of the State of New York, Appellate Division, Third Department · January 29, 2026 · No. 113322

Summary

The Appellate Division, Third Department affirmed a judgment convicting John Moloney Jr. upon his guilty plea to criminal contempt in the first degree. The court granted appellate counsel's application to be relieved of the assignment after finding no nonfrivolous issues for appeal.

Holdings

  1. Appellate counsel may be relieved of the assignment when review of the record and counsel's brief establishes that there are no nonfrivolous issues to raise on appeal.
  2. The judgment convicting defendant upon his guilty plea and imposing the agreed-upon sentence is affirmed.

Questions Presented

  1. Whether appellate counsel should be relieved of the assignment because the record presented no nonfrivolous issues.
  2. Whether the judgment of conviction should be affirmed.

Disposition

affirmed

Cases Cited (3)

  • People v. Cruwys, 113 AD2d 979, 980 (3d Dept. 1985), lv denied, 67 NY2d 650 (1986)(followed)
  • People v. Beaty, 22 NY3d 490, 492-493 (2014)(followed)
  • People v. Stokes, 95 NY2d 633, 638-639 (2001)(followed)

Cited In (0)

No citing cases on record yet.

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