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People v. Tushaj

Supreme Court of New York, Third Department

May 23, 2013

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
MICHAEL TUSHAJ, Appellant.

Calendar Date: April 3, 2013

Denise J. Kerrigan, Cornwallville, for appellant.

Terry J. Wilhelm, District Attorney, Catskill (Danielle D. McIntosh of counsel), for respondent.

Before: Peters, P.J., Rose, McCarthy and Egan Jr., JJ.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Greene County (Pulver Jr., J.), rendered April 13, 2011, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree (two counts).

In satisfaction of a seven-count indictment, defendant pleaded guilty to two counts of criminal sale of a controlled substance in the third degree and waived his right to appeal. Defendant was sentenced in accordance with the plea agreement to consecutive prison terms of five years, followed by three years of postrelease supervision. Defendant appeals.

Appellate counsel seeks to be relieved of her assignment of representing defendant upon the ground that there are no nonfrivolous 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 A.D.2d 979, 980 [1985], lv denied 67 N.Y.2d 650 [1986]; see generally People v Stokes, 95 N.Y.2d 633 [2001]).

Peters, P.J., Rose, McCarthy and Egan Jr., JJ., concur.

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


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