People v Vierra

People v Vierra 2015 NY Slip Op 00919 Decided on February 5, 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: February 5, 2015
105576

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

v

TRACY G. VIERRA, Appellant.

Calendar Date: December 2, 2014
Before: Lahtinen, J.P., McCarthy, Rose and Egan Jr., JJ.

Jon Kosich, Greenville, for appellant, and appellant pro se.

D. Holly Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered November 9, 2012, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

In satisfaction of an eight-count indictment, defendant pleaded guilty to criminal possession of a weapon in the second degree and was sentenced in accordance with the plea agreement to a prison term of seven years, followed by five years of postrelease supervision. Defendant appeals.

Defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Upon our review of the record, defense counsel's brief and defendant's pro se

submissions, we agree. Accordingly, 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]).

Lahtinen, J.P., McCarthy, Rose and Egan Jr., JJ., concur.

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