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People v. Lewis

Supreme Court, Appellate Division, Third Department, New York.
Dec 14, 2017
156 A.D.3d 1061 (N.Y. App. Div. 2017)

Opinion

108220

12-14-2017

The PEOPLE of the State of New York, Respondent, v. Mark LEWIS, Appellant.

Henry C. Meier, Delmar, for appellant. P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.


Henry C. Meier, Delmar, for appellant.

P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.

Before: Garry, J.P., Egan Jr., Mulvey, Aarons and Rumsey, JJ.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Albany County (Lynch, J.), rendered January 14, 2016, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.

In satisfaction of a superior court information, defendant pleaded guilty to sexual abuse in the first degree and waived his right to appeal. County Court sentenced him, in accordance with the terms of the plea agreement, to a prison term of six years followed by seven 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. 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, J.P., Egan Jr., Mulvey, Aarons and Rumsey, JJ., concur.


Summaries of

People v. Lewis

Supreme Court, Appellate Division, Third Department, New York.
Dec 14, 2017
156 A.D.3d 1061 (N.Y. App. Div. 2017)
Case details for

People v. Lewis

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Mark LEWIS, Appellant.

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

Date published: Dec 14, 2017

Citations

156 A.D.3d 1061 (N.Y. App. Div. 2017)
156 A.D.3d 1061
2017 N.Y. Slip Op. 8757