People v Romero

People v Romero 2015 NY Slip Op 06837 Decided on September 17, 2015 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: September 17, 2015
105569

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

v

JULIO A. ROMERO, Also Known as BLACK, Appellant.

Calendar Date: August 10, 2015
Before: Peters, P.J., Garry, Lynch and Devine, JJ.

Justin C. Brusgul, Voorheesville, for appellant.

Karen Heggen, District Attorney, Ballston Spa (Kristin T. Foust of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Saratoga County (Scarano, J.), rendered September 20, 2012, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.

In satisfaction of a three-count indictment, defendant pleaded guilty to attempted criminal sale of a controlled substance in the third degree and waived his right to appeal. In accordance with the plea agreement, he was sentenced to two years in prison to be followed by two years of postrelease supervision. He now 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, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes , 95 NY2d 633 [2001]).

Peters, P.J., Garry, Lynch and Devine, JJ., concur.

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