Opinion
11-10-2016
G. Scott Walling, Schenectady, for appellant. J. Anthony Jordan, District Attorney, Fort Edward (Sara E. Fischer of counsel), for respondent.
G. Scott Walling, Schenectady, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Sara E. Fischer of counsel), for respondent.
Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered April 24, 2015, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree.
In satisfaction of a six-count indictment, defendant pleaded guilty to the reduced charge of attempted assault in the second degree. He was sentenced, as a second felony offender, in accordance with the terms of the plea agreement to the minimum prison term of 1 ½ to 3 years, to run consecutively to the sentence that he is currently serving. Defendant 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. 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.
PETERS, P.J., GARRY, EGAN JR., CLARK and MULVEY, JJ., concur.