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The People of the State of New York v. Luis v. Cabrera Jr

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


August 4, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
LUIS V. CABRERA JR., APPELLANT.

Appeal from a judgment of the Supreme Court (Burns, J.), rendered October 9, 2009 in Otsego County, convicting defendant upon his plea of guilty of the crimes of criminal sale of a controlled substance in the third degree and attempted criminal sale of a controlled substance in the third degree.

MEMORANDUM AND ORDER

Calendar Date: June 8, 2011

Before: Peters, J.P., Spain, Kavanagh, Stein and McCarthy, JJ.

In satisfaction of a pending indictment, defendant pleaded guilty to criminal sale of a controlled substance in the third degree and attempted criminal sale of a controlled substance in the third degree and waived his right to appeal. He was sentenced, in accordance with the plea agreement, to an aggregate prison term of 111/2 years to be followed by two years of postrelease supervision. Defendant now appeals.

Appellate counsel for defendant seeks to be relieved of her assignment, arguing that no non-frivolous issues exist to be raised upon appeal. Based upon our review of the record and counsel's brief, we agree. The judgment is therefore affirmed and counsel's application for leave to withdraw granted (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Peters, J.P., Spain, Kavanagh, Stein 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

20110804

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