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People v. Colbert

Supreme Court, Appellate Division, Third Department, New York.
Apr 26, 2018
160 A.D.3d 1304 (N.Y. App. Div. 2018)

Opinion

108669

04-26-2018

The PEOPLE of the State of New York, Respondent, v. Ralphy COLBERT, Also Known as Johnathan P. Sgarrano, Appellant.

Elena DeFio Kean, Albany, for appellant. Robert M. Carney, District Attorney, Schenectady (Tracey A. Brunecz of counsel), for respondent.


Elena DeFio Kean, Albany, for appellant.

Robert M. Carney, District Attorney, Schenectady (Tracey A. Brunecz of counsel), for respondent.

Before: Garry, P.J., McCarthy, Devine, Aarons and Rumsey, JJ.

MEMORANDUM AND ORDERAppeal from a judgment of the County Court of Schenectady County (Sypniewski, J.), rendered June 30, 2016, convicting defendant upon his plea of guilty of the crime of attempted forgery in the second degree.

In satisfaction of a one-count indictment and other pending charges, defendant pleaded guilty to attempted forgery in the second degree and waived his right to appeal, both orally and in writing. In accordance with the plea agreement, County Court sentenced defendant, as a second felony offender, to a prison term of 1½ to 3 years. Defendant now appeals.

Appellate counsel seeks to be relieved of her 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. Accordingly, 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.

Garry, P.J., McCarthy, Devine, Aarons and Rumsey, JJ., concur.


Summaries of

People v. Colbert

Supreme Court, Appellate Division, Third Department, New York.
Apr 26, 2018
160 A.D.3d 1304 (N.Y. App. Div. 2018)
Case details for

People v. Colbert

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Ralphy COLBERT, Also…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Apr 26, 2018

Citations

160 A.D.3d 1304 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 2841
72 N.Y.S.3d 501