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The People of the State of New York v. Kavon Matthews

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


March 17, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
KAVON MATTHEWS, APPELLANT.

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered February 23, 2009, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the first degree.

MEMORANDUM AND ORDER

Calendar Date: February 2, 2011

Before: Mercure, J.P., Peters, Spain and McCarthy, JJ.

In satisfaction of a three-count indictment, defendant pleaded guilty to attempted criminal sale of a controlled substance in the first degree. In accordance with the plea agreement, he was sentenced to four 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 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]).

Mercure, J.P., Peters, Spain and McCarthy, JJ., concur.

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

ENTER:

Robert D. Mayberger Clerk of the Court

20110317

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