PEOPLE v. PEREZ (2023)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Washington County (Kelly S. McKeighan, J.), rendered August 9, 2019, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Defendant, an incarcerated individual, was charged by indictment with two counts of promoting prison contraband in the first degree after he was found to be in possession of two weapons.  Pursuant to a plea agreement, defendant pleaded guilty to the reduced charge of attempted promoting prison contraband in the first degree.  In accordance with the terms of the plea agreement, County Court imposed the agreed-upon prison term of 11/212 to 3 years, as an acknowledged second felony offender, to be served consecutively to the prison term he was then serving.  Defendant appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues that may be raised on appeal.  Based upon our review of the record and counsel's brief, we agree (see People v. Casteline, 214 A.D.3d 1268, 1269, 184 N.Y.S.3d 640 [3d Dept. 2023]).  Accordingly, 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 [3d Dept. 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]).

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

Egan Jr., J.P., Aarons, Ceresia, Fisher and McShan, JJ., concur.