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People v. Page

NEW YORK SUPREME COURT, APPELLATE DIVISION, THIRD DEPARTMENT


January 8, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
MARCUS D. PAGE, APPELLANT.

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.

Calendar Date: November 24, 2008

Before: Cardona, P.J., Mercure, Lahtinen, Malone Jr. and Kavanagh, JJ.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered September 8, 2006, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree.

Defendant resolved a two-count indictment by pleading guilty to criminal possession of a weapon in the third degree. County Court thereafter sentenced defendant in accordance with the plea agreement to 1 to 3 years in prison. Defendant now appeals.

Appellate counsel for defendant seeks to be relieved of her assignment on the basis that there are no non-frivolous issues to be pursued on appeal. After review of the record, including defendant's pro se submission, we agree. Consequently, the judgment is affirmed and counsel's application for leave to withdraw 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]).

Cardona, P.J., Mercure, Lahtinen, Malone Jr. and Kavanagh, JJ., concur.

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

20090108

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