Opinion
2013-03-14
The PEOPLE of the State of New York, Respondent, v. Skyler JACKSON, Appellant.
Dean C. Schneller, Plattsburgh, for appellant. Kevin C. Kortright, District Attorney, Fort Edward (Katherine G. Henley of counsel), for respondent.
Dean C. Schneller, Plattsburgh, for appellant. Kevin C. Kortright, District Attorney, Fort Edward (Katherine G. Henley of counsel), for respondent.
Appeal from a judgmentof the County Court of Washington County (McKeighan, J.), rendered July 15, 2011, convicting defendant upon his plea of guilty of the crime of assault in the third degree.
In satisfaction of a pending two-count felony indictment, defendant pleaded guilty to a prosecutor's information charging a single misdemeanor count of assault in the third degree. In accordance with the plea agreement, he was sentenced to time served. This appeal ensued.
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, counsel's brief and defendant's pro se submission, we agree. Therefore, the judgment is affirmed and counsel's request for leave to withdraw is granted ( see People v. Cruwys, 113 A.D.2d 979, 980, 493 N.Y.S.2d 653 [1985],lv. denied67 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.