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People v. Martin

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


November 18, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ERIC MARTIN, APPELLANT.

MEMORANDUM AND ORDER

Calendar Date: September 29, 2010

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

Appeal from a judgment of the Supreme Court (Sise, J.), rendered October 15, 2008 in Schenectady County, convicting defendant upon his plea of guilty of the crimes of criminal possession of a weapon in the third degree and bail jumping in the second degree.

In satisfaction of two indictments, defendant pleaded guilty to criminal possession of a weapon in the third degree and bail jumping in the second degree and also waived his right to appeal. In accordance with the plea agreement, he was sentenced as a second felony offender to an aggregate prison term of 31/2 to 7 years. 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, counsel's brief and defendant's pro se submission, we agree. Accordingly, the judgment is affirmed and counsel's request for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

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

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

20101118

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