Opinion
109523
04-11-2019
The PEOPLE of the State of New York, Respondent, v. David J. MENARD, Appellant.
Michael P. Craven, Owego, for appellant. Michael D. Ferrarese, Acting District Attorney, Norwich (Karen F. McGee, New York Prosecutors Training Institute, Inc., Albany, of counsel), for respondent.
Michael P. Craven, Owego, for appellant.
Michael D. Ferrarese, Acting District Attorney, Norwich (Karen F. McGee, New York Prosecutors Training Institute, Inc., Albany, of counsel), for respondent.
Before: Lynch, J.P., Clark, Mulvey, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDERDefendant pleaded guilty to the crime of possessing a sexual performance by a child and waived his right to appeal. He was sentenced to 45 days in jail followed by 10 years of probation. He was subsequently charged with violating the terms of his probation. In exchange for defendant's admission to the probation violation, County Court agreed to resentence him to no more than one year in jail. Consistent with this agreement, defendant admitted to violating his probation, his probation was revoked and he was resentenced to nine months in jail. 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. Beaty , 22 N.Y.3d 490, 982 N.Y.S.2d 820, 5 N.E.3d 983 [2014] ; People v. Stokes , 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 [2001] ).
Lynch, J.P., Clark, Mulvey, Rumsey and Pritzker, JJ., concur.ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.