THE PEOPLE OF THE STATE OF NEW YORK v. LARRY HARRIS (2026)

MEMORANDUM AND ORDER

Calendar Date:  June 12, 2026

Appeal from a judgment of the County Court of Broome County (Joseph Cawley, J.), rendered January 21, 2022, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.

In February 2020, defendant pleaded guilty to attempted criminal possession of a controlled substance in the third degree in satisfaction of a six-count indictment and agreed to waive his right to appeal.  Upon consent of the parties, sentencing was delayed pending the resolution of other pending criminal matters against defendant.  Thereafter, in January 2022, defendant was sentenced, as a second felony offender with a violent predicate, to the agreed-upon prison term of four years, to be followed by two 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.  Upon our review of the record and appellate counsel's brief, we agree.  Therefore, the judgment is affirmed and counsel's application to be relieved of assignment is granted (see People v. Cruwys, 113 A.D.2d 979, 980 [3d Dept 1985], lv denied 67 N.Y.2d 650 [1986];  see generally People v. Beaty, 22 NY3d 490, 492–493 [2014];  People v. Stokes, 95 N.Y.2d 633, 638–639 [2001] ).

Clark, J.P., Ceresia, McShan, Mackey and Ryba, JJ., concur.

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