Opinion
08-13-2015
The PEOPLE of the State of New York, Respondent, v. Michael S. VIERNO, Appellant.
Rosemary Philips, Canton, for appellant. Mary E. Rain, District Attorney, Canton (Ramy Louis of counsel), for respondent.
Rosemary Philips, Canton, for appellant.
Mary E. Rain, District Attorney, Canton (Ramy Louis of counsel), for respondent.
Opinion Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered August 14, 2012, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree.
In satisfaction of a one-count indictment, defendant pleaded guilty to attempted assault in the second degree and waived his right to appeal. He was released to probation pending sentencing and violated a condition of his release during this time. Nevertheless, County Court adhered to the plea bargain and sentenced him as a second felony offender to the minimum available sentence of 1 ½ to 3 years in prison with a recommendation for the shock incarceration program. He now appeals.
Appellate counsel seeks to be relieved of her 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. 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.
McCARTHY, J.P., GARRY, ROSE and LYNCH, JJ., concur.