People v Longton

People v Longton 2014 NY Slip Op 01786 Decided on March 20, 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: March 20, 2014
105616

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

v

SALLY G. LONGTON, Appellant.

Calendar Date: January 21, 2014
Before: Peters, P.J., Lahtinen, McCarthy and Rose, JJ.


G. Scott Walling, Pembroke Pines, Florida, for
appellant.
James A. Murphy III, District Attorney, Ballston Spa
(Nicholas E. Tishler of counsel), for respondent.


MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Saratoga County (Scarano, J.), rendered November 16, 2012, convicting defendant upon her plea of guilty of the crime of driving while intoxicated and harassment in the second degree (three counts).

Defendant pleaded guilty to driving while intoxicated as well as three counts of aggravated harassment in the second degree and waived her right to appeal. In accordance with the plea agreement, she was sentenced to an aggregate term of 2 to 6 years in prison. She 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 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]).

Peters, P.J., Lahtinen, McCarthy and Rose, JJ., concur.

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