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The People of the State of New York v. Joshua O. Smith

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


June 30, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JOSHUA O. SMITH, APPELLANT.

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered February 11, 2010, among other things, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fourth degree.

MEMORANDUM AND ORDER

Calendar Date: May 11, 2011

Before: Rose, J.P., Lahtinen, Malone Jr., Garry and Egan Jr., JJ.

Defendant was charged in an indictment with multiple drug-related crimes and, after a jury was unable to render a verdict, a mistrial was declared and a new trial was scheduled. Prior to the commencement of the new trial, defendant pleaded guilty to criminal sale of a controlled substance in the fourth degree and waived his right to appeal. In accordance with the plea agreement, he was sentenced as a second felony offender to 11/2 years in prison, to be followed by 11/2 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 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]).

Rose, J.P., Lahtinen, Malone Jr., Garry 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

20110630

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