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People v. Drumm

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


July 29, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
REED J. DRUMM, APPELLANT.

MEMORANDUM AND ORDER

Calendar Date: June 9, 2010

Before: Cardona, P.J., Spain, Kavanagh, Stein and Egan Jr., JJ.

Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered November 13, 2006, which resentenced defendant following his conviction of the crime of sexual abuse in the first degree.

In satisfaction of a five-count indictment, defendant pleaded guilty to sexual abuse in the first degree. He waived his right to appeal all issues except for those that were constitutional in nature and those pertaining to the severity of the sentence. No particular sentence was agreed to as part of the plea agreement and County Court sentenced defendant to 1 to 3 years in prison. The court, however, subsequently resentenced defendant to 11/2 to 3 years in prison due to a change in the law after defendant declined the opportunity to withdraw his plea. Defendant appeals.

Appellate counsel seeks to be relieved of her assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record and counsel's brief, we agree.*fn1 Therefore, 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., Spain, Kavanagh, Stein and Egan Jr., JJ., concur.

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


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