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The PEOPLE of the State of New York, Respondent, v. Nathaniel SHEPARD, Appellant.

Decided: December 30, 2010

Before: CARDONA, P.J., PETERS, ROSE, KAVANAGH and McCARTHY, JJ. Scott N. Fierro, Public Defender, Elmira (Samuel D. Castellino of counsel), for appellant. Weeden A. Wetmore, District Attorney, Elmira, for respondent.

Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered January 29, 2007, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Defendant was found to be in possession of a sharpened wooden shank while he was incarcerated and was charged in an indictment with promoting prison contraband in the first degree. In satisfaction thereof, he pleaded guilty to attempted promoting prison contraband in the first degree. In accordance with the terms of the plea agreement, he was sentenced as a second felony offender to 11/212 to 3 years in prison, to run consecutive 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 to be raised on appeal. Based upon our review of the record and counsel's brief, we agree. Therefore, the judgment is affirmed and counsel's application 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] ).

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

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