THE PEOPLE OF THE STATE OF NEW YORK v. JOSHUA ELLITHORPE (2010)

MEMORANDUM AND ORDER

Calendar Date:  May 12, 2010

Appeal from a judgment of the County Court of Cortland County (Ames, J.), rendered January 8, 2008, convicting defendant upon his plea of guilty of the crimes of rape in the third degree and criminal sexual act in the third degree.

In satisfaction of a 10-count indictment, defendant pleaded guilty to one count each of rape in the third degree and criminal sexual act in the third degree, and further waived his right to appeal.   County Court thereafter sentenced defendant, as agreed, to an aggregate term of six months in jail and 10 years of probation.   Defendant now appeals.

Appellate counsel for defendant seeks to be relieved of his assignment, asserting that no nonfrivolous appellate issues exist.   Upon our review of the record, counsel's brief, and letter submissions by the People and defendant, we agree.   In his letter, defendant challenges the separate order classifying him as a risk level II sex offender, but no appeal was taken therefrom.   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 [1985], lv denied 67 N.Y.2d 650 [1986];  see generally People v. Stokes, 95 N.Y.2d 633 [2001] ).

Peters, J.P., Rose, Kavanagh, McCarthy and Egan Jr., JJ., concur.

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

ENTER:

Michael J. Novack

Clerk of the Court