People v Heinze

People v Heinze 2010 NY Slip Op 08391 [78 AD3d 1378] November 18, 2010 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2011

The People of the State of New York, Respondent,
v
Richard Heinze Jr., Appellant.

—[*1] Mitch Kessler, Cohoes, for appellant.

Robert M. Carney, District Attorney, Schenectady (Philip W. Mueller of counsel), for respondent.

Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), rendered April 21, 2009, convicting defendant upon his plea of guilty of the crime of murder in the second degree.

In satisfaction of a nine-count indictment, defendant pleaded guilty to murder in the second degree and waived his right to appeal. He was sentenced, in accordance with the plea agreement, to 20 years to life 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. Therefore, the judgment is affirmed and counsel's request for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Spain, J.P., Rose, Lahtinen, McCarthy and Garry, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.