Summary
noting the general rule that a person engaged in mutual combat may not claim self-defense
Summary of this case from Phillips v. WoodfordOpinion
October 21, 1999
Appeal from a judgment of the County Court of Sullivan County (La Buda, J.).
Defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 5 to 10 years in accordance with the plea agreement. Defense counsel seeks to be relieved of her assignment on the ground that no nonfrivolous issues can be raised on appeal. Upon our review of the record and defense counsel's brief, we agree. We accordingly affirm the judgment of conviction and grant defense counsel's application to withdraw (see, People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650).
MIKOLL, J.P., CREW III, SPAIN, GRAFFEO and MUGGLIN, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.