People v Alava

People v Alava 2013 NY Slip Op 01576 Decided on March 14, 2013 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: March 14, 2013
104058

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

v

PRINCESS DEBBIE ALAVA, Appellant.

Calendar Date: January 24, 2013
Before: Rose, J.P., Lahtinen, Stein and Garry, JJ.


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


MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered November 16, 2010, convicting defendant upon her plea of guilty of the crimes of attempted assault in the first degree and attempted robbery in the first degree.

In full satisfaction of the charges contained in three indictments filed against her, defendant pleaded guilty to attempted assault in the first degree and attempted robbery in the first degree and waived her right to appeal. In accordance with the plea agreement, defendant was sentenced to an aggregate term of 8½ years in prison followed by 4½ years of postrelease supervision. Defendant appeals.

Appellate counsel seeks to be relieved of his assignment 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]).

Rose, J.P., Lahtinen, Stein and Garry, JJ., concur.

ORDERED that the judgment is affirmed, and application to be relieved of assignment [*2]granted.