Opinion
108016
03-08-2018
The PEOPLE of the State of New York, Respondent, v. Christopher LEE, Appellant.
Terrence M. Kelly, Albany, for appellant. J. Anthony Jordan, District Attorney, Fort Edward (Joseph A. Frandino of counsel), for respondent.
Terrence M. Kelly, Albany, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Joseph A. Frandino of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Mulvey, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDERAppeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered October 9, 2015, convicting defendant upon his plea of guilty of the crime of criminal sexual act in the first degree (two counts).
In satisfaction of an 11–count indictment, defendant pleaded guilty to two counts of criminal sexual act in the first degree and waived his right to appeal, both orally and in writing. County Court sentenced defendant, in accordance with the plea agreement, to concurrent prison terms of 12½ years followed by 20 years of postrelease supervision. 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. 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.
Garry, P.J., Egan Jr., Mulvey, Aarons and Rumsey, JJ., concur.