People v Myles

People v Myles 2017 NY Slip Op 00510 Decided on January 26, 2017 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: January 26, 2017
107578

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

v

CLARENCE C. MYLES, Appellant.

Calendar Date: November 29, 2016
Before: Peters, P.J., Garry, Egan Jr., Mulvey and Aarons, JJ.

G. Scott Walling, Schenectady, for appellant.

J. Anthony Jordan, 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 March 20, 2015, convicting defendant upon his plea of guilty of the crime attempted promoting prison contraband in the first degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to attempted promoting prison contraband in the first degree. He was sentenced as a second felony offender in accordance with the terms of the plea agreement to a prison term of 1½ to 3 years. 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, 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]).

Peters, P.J., Garry, Egan Jr., Mulvey and Aarons, JJ., concur.

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