People v Earp

People v Earp 2009 NY Slip Op 09095 [68 AD3d 1252] December 10, 2009 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent, v Roneek W. Earp, Appellant.

—[*1] Adam G. Parisi, Schenectady, for appellant.

Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.

Appeal from a judgment of the Supreme Court (Milano, J.), rendered May 30, 2008 in Schenectady County, convicting defendant upon his plea of guilty of the crime of attempted assault in the first degree.

In full satisfaction of a 10-count indictment, defendant pleaded guilty to attempted assault in the first degree. Pursuant to the plea agreement, defendant waived his right to appeal and was sentenced to a prison term of eight years, to be followed by 3½ years of postrelease supervision. 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. Consequently, the judgment is affirmed and counsel's application 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]).

Mercure, J.P., Spain, Kane, Kavanagh and McCarthy, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.