Opinion
01-26-2017
The PEOPLE of the State of New York, Respondent, v. Clarence C. MYLES, Appellant.
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 March 20, 2015, convicting defendant upon his plea of guilty of the crime attempted promoting prison contraband in the first degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to attempted promoting prison contraband in the first degree. He was sentenced as a second felony offender in accordance with the terms of the plea agreement to a prison term of 1 ½ to 3 years. 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, 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., GARRY, EGAN JR., MULVEY and AARONS, JJ., concur.