People v Woods

People v Woods 2016 NY Slip Op 07354 Decided on November 10, 2016 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: November 10, 2016
107805

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

v

WESLEY L. WOODS JR., Appellant.

Calendar Date: September 20, 2016
Before: Garry, J.P., Rose, Devine, Mulvey and Aarons, JJ.

G. Scott Walling, Schenectady, for appellant.

J. Anthony Jordon, District Attorney, Fort Edward (Sara E. Fischer of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered July 17, 2015, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to the reduced charge of attempted assault in the second degree. He was sentenced, as a second felony offender, in accordance with the terms of the plea agreement to the minimum prison term of 1½ to 3 years, to run consecutively to the sentence that he is currently serving. 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. Accordingly,

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]).

Garry, J.P., Rose, Devine, Mulvey and Aarons, JJ., concur.

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