Opinion
2013-11-7
The PEOPLE of the State of New York, Respondent, v. Dhanashar PERSAUD, Also Known as Tony, Appellant.
M. Joe Landry, Schenectady, for appellant, and appellant pro se. Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.
M. Joe Landry, Schenectady, for appellant, and appellant pro se. Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.
Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered April 8, 2011, convicting defendant upon his plea of guilty of the crime of murder in the second degree.
In satisfaction of two indictments charging him with numerous crimes, defendant pleaded guilty to murder in the second degree and waived his right to appeal the conviction and sentence. County Court imposed a sentence within the range contemplated by the plea agreement, namely, 18 years to life in prison. Defendant appeals.
Defense counsel asserts that no nonfrivolous issues exist to be raised upon this appeal and, accordingly, seeks to be relieved of his assignment. After reviewing the record, defense counsel's brief and a letter submitted by defendant, we agree. *298Inasmuch as “[d]efendant entered a knowing, intelligent and voluntary plea of guilty, waived his right to appeal, did not seek to vacate or withdraw his plea and was sentenced in accordance with the plea agreement,” the judgment is affirmed and counsel's request to withdraw is granted ( People v. Van Sein, 20 A.D.3d 815, 816, 798 N.Y.S.2d 696 [2005];see People v. Cruwys, 113 A.D.2d 979, 980, 493 N.Y.S.2d 653 [1985],lv. denied67 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.
ROSE, J.P., McCARTHY, GARRY and EGAN Jr., JJ., concur.