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The People of the State of New York v. Robert Fraiser

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


December 1, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ROBERT FRAISER, APPELLANT.

Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), rendered September 8, 2010, convicting defendant upon his plea of guilty of the crimes of murder in the second degree and assault in the first degree.

MEMORANDUM AND ORDER

Calendar Date: September 28, 2011

Before: Peters, J.P., Lahtinen, Malone Jr., McCarthy and Garry, JJ.

Defendant and a co-defendant were charged in a 24-count indictment with numerous crimes arising from a shooting at a bar in which one individual was killed and another seriously injured. A trial commenced but, before it was concluded, defendant pleaded guilty to murder in the second degree and assault in the first degree in full satisfaction of the charges. He also executed a written waiver of his right to appeal. In accord with the plea agreement, defendant was thereafter sentenced as a second felony offender to concurrent prison terms of 18 years to life on the murder charge and 10 years on the assault charge, to be followed by five years of postrelease supervision. Defendant now 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 application for leave to withdraw is 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., Lahtinen, Malone Jr., McCarthy 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

20111201

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