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People v. Saylors

NEW YORK SUPREME COURT, APPELLATE DIVISION, THIRD DEPARTMENT


February 11, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
CALVIN SAYLORS JR., 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: Rose, J.P., Kane, Malone Jr., Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered January 16, 2007, convicting defendant upon his plea of guilty of the crimes of course of sexual conduct against a child in the second degree and promoting sexual performance by a child.

Waiving his right to appeal, defendant pleaded guilty to a superior court information charging him with course of sexual conduct against a child in the second degree and promoting sexual performance by a child. County Court sentenced defendant as agreed to concurrent prison terms of 21/2 years for the course of sexual conduct conviction, followed by 11/2 years of postrelease supervision, and 2 to 7 years for the promoting sexual performance conviction. Defendant now appeals.

Defendant's appellate counsel seeks to be relieved of her assignment on the ground that there are no non-frivolous issues to be raised on appeal. Having reviewed counsel's brief, defendant's pro se brief and the record, we agree. Accordingly, the judgment is affirmed and counsel's request 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]).

Rose, J.P., Kane, Malone Jr., Kavanagh and Stein, JJ., concur.

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

20090211

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