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People v. Spurgeon

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


February 4, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
PHILLIP SPURGEON, APPELLANT.

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered July 8, 2008, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

MEMORANDUM AND ORDER

Calendar Date: December 17, 2009

Before: Cardona, P.J., Mercure, Lahtinen, Stein and Garry, JJ.

In satisfaction of a four-count indictment, defendant pleaded guilty to criminal sale of a controlled substance in the third degree. In accordance with the plea agreement, he was sentenced as a second felony offender to six years in prison, to be followed by three 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. Therefore, 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]).

Cardona, P.J., Mercure, Lahtinen, Stein and Garry, JJ., concur.

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

20100204

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