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People v. Myles

146 A.D.3d 1240 Court N.Y. App. Div. Decision date 2017-01-26 English

Judges Peters, P.J., Garry, Egan Jr., Mulvey and Aarons, JJ., concur.

Contents

Majority

p. 1240
The People of the State of New York, Respondent, v Clarence C. Myles, Appellant.
[44 NYS3d 921]

Appeal from a

p. 1241
judgment of the County Court of Washington County (Mc-Keighan, J.), rendered March 20, 2015, convicting defendant upon his plea of guilty of the crime attempted promoting prison contraband in the first degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to attempted promoting prison contraband in the first degree. He was sentenced as a second felony offender in accordance with the terms of the plea agreement to a prison term of IV2 to 3 years. 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, we agree. Therefore, the judgment is affirmed and counsel’s request 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, P.J., Garry, Egan Jr., Mulvey and Aarons, JJ., concur.

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

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