Opinion
2021-04514
07-22-2021
The People of the State of New York, Respondent, v. Evangeline Ortiz, Appellant.
G. Scott Walling, Slingerlands, for appellant. J. Anthony Jordan, District Attorney, Fort Edward (Taylor Fitzsimmons of counsel), for respondent.
Calendar Date:June 17, 2021
G. Scott Walling, Slingerlands, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Taylor Fitzsimmons of counsel), for respondent.
Before: Egan Jr., J.P., Lynch, Aarons, Reynolds Fitzgerald and Colangelo, JJ.
Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered October 26, 2018, convicting defendant upon her plea of guilty of the crime of attempted promoting prison contraband in the first degree.
Defendant was charged in an indictment with a number of crimes after she mailed a package containing controlled substances to an inmate at a correctional facility. In satisfaction of the indictment, she pleaded guilty to attempted promoting prison contraband in the first degree and waived her right to appeal. In accordance with the terms of the plea agreement, she was sentenced to 1 to 3 years in prison. 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 [1985], lv denied 67 N.Y.2d 650 [1986]; see generally People v Beaty, 22 N.Y.3d 490 [2014]; People v Stokes, 95 N.Y.2d 633 [2001]).
Egan Jr., J.P., Lynch, Aarons, Reynolds Fitzgerald and Colangelo, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.