Opinion
108022
12-14-2017
The PEOPLE of the State of New York, Respondent, v. Cesar ANDUJAR, Appellant.
Jeffrey L. Zimring, Albany, for appellant, and appellant pro se. P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.
Jeffrey L. Zimring, Albany, for appellant, and appellant pro se.P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.
Before: Peters, P.J., McCarthy, Devine, Clark and Mulvey, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered August 17, 2015, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
In satisfaction of a one-count indictment and other pending charges, defendant pleaded guilty to criminal sale of a controlled substance in the third degree. As part of the plea agreement, he waived his right to appeal, both orally and in writing. Although County Court advised defendant of the maximum and minimum sentences that he could receive, no specific sentence was promised as part of the plea agreement. County Court ultimately sentenced defendant to 5½ years in prison and three years of postrelease supervision. He 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, counsel's brief and defendant's pro se brief, 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 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.
Peters, P.J., McCarthy, Devine, Clark and Mulvey, JJ., concur.