State of New York Supreme Court, Appellate Division Third Judicial Department
July 28, 2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JERMAINE HICKS, APPELLANT.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), entered September 18, 2009, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.
MEMORANDUM AND ORDER
Calendar Date: June 8, 2011
Before: Mercure, J.P., Peters, Malone Jr., Kavanagh and Stein, JJ.
Defendant waived indictment and agreed to be prosecuted by a superior court information charging him with criminal possession of a controlled substance in the third degree to which he pleaded guilty. He also waived his right to appeal. In accordance with the plea agreement, he was sentenced as a second felony offender to 12 years in prison, to be followed by three 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 , lv denied 67 NY2d 650 ; see generally People v Stokes, 95 NY2d 633 ).
Mercure, J.P., Peters, Malone Jr., Kavanagh and Stein, 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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