State of New York Supreme Court, Appellate Division Third Judicial Department
December 10, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
RONEEK W. EARP, APPELLANT.
MEMORANDUM AND ORDER
Calendar Date: November 4, 2009
Before: Mercure, J.P., Spain, Kane, Kavanagh and McCarthy, JJ.
Appeal from a judgment of the Supreme Court (Milano, J.), rendered May 30, 2008 in Schenectady County, convicting defendant upon his plea of guilty of the crime of attempted assault in the first degree.
In full satisfaction of a 10-count indictment, defendant pleaded guilty to attempted assault in the first degree. Pursuant to the plea agreement, defendant waived his right to appeal and was sentenced to a prison term of eight years, to be followed by 31/2 years of postrelease supervision. Defendant appeals.
Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no non-frivolous issues to be raised on appeal. Based upon our review of the record and counsel's brief, we agree.
Consequently, the judgment is affirmed and counsel's application for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980 , lv denied 67 NY2d 650 ; see generally People v Stokes, 95 NY2d 633 ).
Mercure, J.P., Spain, Kane, Kavanagh and McCarthy, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.
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