Opinion
2011-12-1
The PEOPLE of the State of New York, Respondent, v. Robert FRAISER, Appellant.
G. Scott Walling, Queensbury, for appellant. Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.
G. Scott Walling, Queensbury, for appellant. Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.
Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), rendered September 8, 2010, convicting defendant upon his plea of guilty of the crimes of murder in the second degree and assault in the first degree.
*626 Defendant and a codefendant were charged in a 24–count indictment with numerous crimes arising from a shooting at a bar in which one individual was killed and another seriously injured. A trial commenced but, before it was concluded, defendant pleaded guilty to murder in the second degree and assault in the first degree in full satisfaction of the charges. He also executed a written waiver of his right to appeal. In accord with the plea agreement, defendant was thereafter sentenced as a second felony offender to concurrent prison terms of 18 years to life on the murder charge and 10 years on the assault charge, to be followed by five years of postrelease supervision. Defendant now appeals.
Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record and counsel's brief, we agree. Therefore, the judgment is affirmed and counsel's application for leave to withdraw is granted ( see People v. Cruwys, 113 A.D.2d 979, 980, 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]; see generally People v. Stokes, 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 [2001] ).
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.