THE PEOPLE OF THE STATE OF NEW YORK v. WALTER GORDON

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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER GORDON, Appellant.

105049

Decided: May 15, 2014

Before:  Lahtinen, J.P., Garry, Rose and Egan Jr., JJ. Jan Perlin, Oak Hill, for appellant. D. Holley Carnright, District Attorney (Joan Gudesblatt Lamb of counsel), for respondent.

MEMORANDUM AND ORDER

Calendar Date:  April 2, 2014

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered February 28, 2012, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to criminal sale of a controlled substance in the third degree, waived his right to appeal and was sentenced in accordance with the plea agreement to six months in jail and five years of probation.   Defendant appeals.

Based upon our review of the record and counsel's brief, we agree with appellate counsel that there are no nonfrivolous issues to be raised on appeal.   Therefore, the judgment is affirmed and counsel's request for leave to withdraw is granted (see People v. Cruwys, 113 A.D.2d 979 [1985], lv denied 67 N.Y.2d 650 [1986];  see generally People v. Stokes, 95 N.Y.2d 633 [2001] ).

Lahtinen, J.P., Garry, Rose 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

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