THE PEOPLE OF THE STATE OF NEW YORK v. JUSTIN ALLEN (2011)

MEMORANDUM AND ORDER

Calendar Date:  May 11, 2011

Appeal from a judgment of the Supreme Court (R. Sise, J.), rendered October 30, 2008 in Schenectady County, among other things, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

In satisfaction of a 12–count indictment, defendant pleaded guilty to criminal possession of a weapon in the second degree and waived his right to appeal.   He was sentenced, in accordance with the plea agreement, to eight years in prison, to be followed by five years of postrelease supervision.   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, counsel's brief and defendant's pro se submission, we agree.   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 650 [1986] ).

Mercure, J.P., Lahtinen, Malone Jr., Kavanagh 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