Opinion
12-11-2014
The PEOPLE of the State of New York, Respondent, v. Sherrie D. GRAHAM, Appellant.
G. Scott Walling, Schenectady, for appellant, and appellant pro se. Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), for respondent.
G. Scott Walling, Schenectady, for appellant, and appellant pro se.
Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), for respondent.
Opinion Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered March 4, 2013, convicting defendant upon her plea of guilty of the crime of attempted promoting prison contraband in the first degree.In satisfaction of a six-count indictment, defendant entered a guilty plea to attempted promoting prison contraband in the first degree and waived her right to appeal in exchange for a sentence not to exceed five years of probation and 180 days in jail. At sentencing, County Court imposed that agreed-upon sentence. Defendant appeals.
Appellate counsel seeks to be relieved of his assignment of representing defendant upon the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record, defense 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., LAHTINEN, EGAN JR., LYNCH and DEVINE, JJ., concur.