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The People of the State of v. Joseph Albarelli Jr

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


February 3, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JOSEPH ALBARELLI JR., APPELLANT.

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered March 26, 2009, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Decided and Entered: February 3, 2011

MEMORANDUM AND ORDER

Calendar Date: December 16, 2010

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

Defendant was involved in a physical altercation with his girlfriend and, as a result, he pleaded guilty to the crime of assault in the second degree. As part of the plea agreement, he waived his right to appeal. Defendant was thereafter sentenced, in accordance with the terms of the plea agreement, to three years in prison, to be followed by three years of postrelease supervision. 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 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., Spain, Kavanagh, Stein and Egan Jr., JJ., concur.

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

ENTER:

Robert D. Mayberger Clerk of the Court

20110203

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