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The People of the State of v. David M. Scott

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


April 19, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
DAVID M. SCOTT, APPELLANT.

Appeal from a judgment of the County Court of Saratoga County (Scarano, J.), rendered January 28, 2011, convicting defendant upon his plea of guilty of the crime of grand larceny in the third degree.

MEMORANDUM AND ORDER

Calendar Date: February 21, 2012

Before: Lahtinen, J.P., Spain, McCarthy, Garry and Egan Jr., JJ.

Defendant pleaded guilty to grand larceny in the third degree and executed a written waiver of the right to appeal. In accordance with the plea agreement, defendant was sentenced to time served and ordered to pay restitution. Defendant now appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant upon 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]).

Lahtinen, J.P., Spain, McCarthy, 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

20120419

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