THE PEOPLE OF THE STATE OF NEW YORK v. WESLEY WOODS JR

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Supreme Court, Appellate Division, Third Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WESLEY L. WOODS JR., Appellant.

107805

Decided: November 10, 2016

Before:  Garry, J.P., Rose, Devine, Mulvey and Aarons, JJ. G. Scott Walling, Schenectady, for appellant. J. Anthony Jordon, District Attorney, Fort Edward (Sara E. Fischer of counsel), for respondent.

MEMORANDUM AND ORDER

Calendar Date:  September 20, 2016

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered July 17, 2015, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to the reduced charge of attempted assault in the second degree.  He was sentenced, as a second felony offender, in accordance with the terms of the plea agreement to the minimum prison term of 11/212 to 3 years, to run consecutively to the sentence that he is currently 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.  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] ).

Garry, J.P., Rose, Devine, Mulvey and Aarons, JJ., concur.

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

ENTER:

Robert D. Mayberger

Clerk of the Court