Opinion
2012-02-2
The PEOPLE of the State of New York, Respondent, v. Brien M. DeMARTINO, Appellant.
Thomas F. Garner, Middleburgh, for appellant. *634 James Sacket, District Attorney, Schoharie, for respondent.
Thomas F. Garner, Middleburgh, for appellant. *634 James Sacket, District Attorney, Schoharie, for respondent.
Appeal from a judgment of the County Court of Schoharie County (Bartlett III, J.), rendered September 8, 2010, convicting defendant upon his plea of guilty of the crimes of forgery in the second degree and criminal possession of a forged instrument in the second degree.
Defendant waived indictment and agreed to be prosecuted by a superior court information charging him with six theft-related crimes. He pleaded guilty to forgery in the second degree and criminal possession of a forged instrument in the second degree in satisfaction thereof. He also waived his right to appeal. Thereafter, in accordance with the terms of the plea agreement, defendant was sentenced as a second felony offender to concurrent terms of 2 1/2 to 5 years in prison. 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 and counsel's 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.