THE PEOPLE OF THE STATE OF NEW YORK v. WILLIAM MONROE

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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM MONROE, Appellant.

105541

Decided: May 22, 2014

Before:  Peters, P.J., Stein, McCarthy and Rose, JJ. Ralph Cherchian, Albany, for appellant. P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), for respondent.

MEMORANDUM AND ORDER

Calendar Date:  April 2, 2014

Appeal from a judgment of the Supreme Court (Breslin, J.), rendered September 26, 2012 in Albany County, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree.

Defendant pleaded guilty to the reduced charge of attempted assault in the second degree, waived his right to appeal and was sentenced in accordance with the plea agreement to a split sentence of 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] ).

Peters, P.J., Stein, McCarthy and Rose, 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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