People v Graham

People v Graham 2014 NY Slip Op 08681 Decided on December 11, 2014 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: December 11, 2014
106152

[*1]THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v

SHERRIE D. GRAHAM, Appellant.

Calendar Date: October 21, 2014
Before: Peters, P.J., Lahtinen, Egan Jr., Lynch and Devine, JJ.

G. Scott Walling, Schenectady, for appellant, and appellant pro se.

Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered March 4, 2013, convicting defendant upon her plea of guilty of the crime of attempted promoting prison contraband in the first degree.

In satisfaction of a six-count indictment, defendant entered a guilty plea to attempted promoting prison contraband in the first degree and waived her right to appeal in exchange for a sentence not to exceed five years of probation and 180 days in jail. At sentencing, County Court imposed that agreed-upon sentence. Defendant appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant upon the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our

review of the record, defense counsel's brief and defendant's pro se 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, 980, [1985], lv denied 67 NY2d 650, [1986]; see generally People v Stokes , 95 NY2d 633 [2001]).

Peters, P.J., Lahtinen, Egan Jr., Lynch and Devine, JJ., concur.

ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.