People v. Holmes

172 A.D.3d 1774

98 N.Y.S.3d 925 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Ardell J. HOLMES, Appellant.

109082

Supreme Court, Appellate Division, Third Department, New York.

Calendar Date: April 19, 2019

Decided and Entered: May 23, 2019

Kevin A. Jones, Ithaca, for appellant.

Patrick A. Perfetti, District Attorney, Cortland (Elizabeth McGrath of counsel), for respondent.

Before: Egan Jr., J.P., Clark, Devine, Aarons and Pritzker, JJ.

MEMORANDUM AND ORDER

In satisfaction of a two-count indictment, defendant pleaded guilty to criminal sale of a controlled substance in the third degree and waived his right to appeal. Under the terms of the plea agreement, defendant was sentenced as a second felony offender to a prison term of 12 years, followed by three years of postrelease supervision, to be served concurrently with another felony conviction. Defendant appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on 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, 493 N.Y.S.2d 653 [1985], lv denied 67 N.Y.2d 650, 499 N.Y.S.2d 1046, 490 N.E.2d 562 [1986] ; see generally People v. Beaty, 22 N.Y.3d 490, 982 N.Y.S.2d 820, 5 N.E.3d 983 [2014] ; People v. Stokes, 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 [2001] ).

Egan Jr., J.P., Clark, Devine, Aarons and Pritzker, JJ.,...