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People v. Lillard

State of New York Supreme Court, Appellate Division Third Judicial Department


January 14, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
DARRYL LILLARD, APPELLANT.

MEMORANDUM AND ORDER

Calendar Date: November 4, 2009

Before: Cardona, P.J., Spain, Lahtinen, Kavanagh and McCarthy, JJ.

Appeal from a judgment of the County Court of Warren County (Hall Jr., J.), rendered September 19, 2007, convicting defendant upon his plea of guilty of the crimes of criminal sale of a controlled substance in the third degree and bail jumping in the second degree.

In satisfaction of two indictments charging him with numerous crimes, defendant pleaded guilty to criminal sale of a controlled substance in the third degree as well as bail jumping in the second degree and waived his right to appeal. In accordance with the plea agreement, he was sentenced on the criminal sale count to three years in prison, to be followed by two years of postrelease supervision, and on the bail jumping count to 1 to 3 years in prison, which prison terms were to run consecutively. He now 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, counsel's brief and defendant's pro se letter, we agree. Accordingly, the judgment is affirmed and counsel's request for leave to withdraw is granted (see People v Cruwys, 113 AD2d 650 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Cardona, P.J., Spain, Lahtinen, Kavanagh and McCarthy, JJ., concur.

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

20100114

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