Opinion
2011-09-15
The PEOPLE of the State of New York, Respondent,v.Rasool SALAAM, Appellant.
M. Joe Landry, Schenectady, for appellant.
Robert M. Carney, District Attorney, Schenectady, for respondent.
Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered August 15, 2008, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree (two counts).
Defendant pleaded guilty to two counts of attempted assault in the second degree in satisfaction of two indictments. He also waived his right of appeal. In accordance with the terms of the plea agreement, defendant was sentenced as a second felony offender to concurrent terms of 1 1/2 to 3 years in prison, to run consecutively to the sentence he was then serving, and was ordered to pay restitution. 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, 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, J.P., SPAIN, MALONE JR., McCARTHY and GARRY, JJ., concur.