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The People of the State of New York v. Matthew R. Clothier

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


September 15, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
MATTHEW R. CLOTHIER, APPELLANT.

Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered May 12, 2008,

Calendar Date: July 27, 2011

MEMORANDUM AND ORDER

Before: Spain, J.P., Rose, Kavanagh, Garry and Egan Jr., JJ.

convicting defendant upon his plea of guilty of the crimes of manslaughter in the first degree and burglary in the first degree.

Defendant and a co-defendant were charged in an indictment with multiple crimes, including murder in the second degree. In satisfaction thereof, defendant pleaded guilty to manslaughter in the first degree as well as burglary in the first degree and waived his right to appeal. He was thereafter sentenced, in accordance with the plea agreement, to concurrent terms of 20 years in prison, to be followed by five years of postrelease supervision. He was also ordered to pay restitution in the amount of $9,740.26. 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]).

Spain, J.P., Rose, Kavanagh, 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

20110915

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