State of New York Supreme Court, Appellate Division Third Judicial Department
August 5, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
WALTER SMILEY, APPELLANT.
MEMORANDUM AND ORDER
Calendar Date: June 9, 2010
Before: Cardona, P.J., Spain, Rose, Kavanagh and Egan Jr., JJ.
Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered January 26, 2009, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the first degree.
Defendant pleaded guilty to criminal possession of a controlled substance in the first degree in satisfaction of two indictments charging him with multiple crimes pursuant to the terms of the plea agreement, he waived his right to appeal and was sentenced as a second felony offender to 14 years in prison, to be followed by five years of postrelease supervision. Defendant 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 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 , lv denied 67 NY2d 650 ; see generally People v Stokes, 95 NY2d 633 ).
Cardona, P.J., Spain, Rose, Kavanagh and Egan Jr., JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.
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