State of New York Supreme Court, Appellate Division Third Judicial Department
June 16, 2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JUSTIN ALLEN, APPELLANT.
Appeal from a judgment of the Supreme Court (R. Sise, J.), rendered October 30, 2008 in Schenectady County, among other things, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.
MEMORANDUM AND ORDER
Calendar Date: May 11, 2011
Before: Mercure, J.P., Lahtinen, Malone Jr., Kavanagh and Egan Jr., JJ.
In satisfaction of a 12-count indictment, defendant pleaded guilty to criminal possession of a weapon in the second degree and waived his right to appeal. He was sentenced, in accordance with the plea agreement, to eight years in prison, to be followed by five years of postrelease supervision. 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. 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 650 ).
Mercure, J.P., Lahtinen, Malone Jr., Kavanagh and Egan Jr., JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.
Robert D. Mayberger
Clerk of the Court
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