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The People of the State of New York v. Sayquan Walters

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


September 22, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
SAYQUAN WALTERS, APPELLANT.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered April 20, 2010, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a weapon in the second degree.

MEMORANDUM AND ORDER

Calendar Date: July 27, 2011

Before: Peters, J.P., Spain, Malone Jr., Kavanagh and Garry, JJ.

In satisfaction of an indictment charging him with criminal possession of a weapon in the second degree, defendant pleaded guilty to attempted criminal possession of a weapon in the second degree and waived his right to appeal. He was thereafter sentenced, in accordance with the terms of the plea agreement, to six years in prison to be followed by three years of postrelease supervision. Defendant appeals.

Appellate counsel seeks to be relieved of her 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 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Peters, J.P., Spain, Malone Jr., Kavanagh and Garry, JJ., concur.

ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.

ENTER: Robert D. Mayberger Clerk of the Court

20110922

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