THE PEOPLE OF THE STATE OF NEW YORK v. FRANK ROARK

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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK ROARK, Appellant.

110327

Decided: August 01, 2019

Before:  Garry, P.J., Egan Jr., Clark, Aarons and Rumsey, JJ. G. Scott Walling, Slingerlands, for appellant, and appellant pro se.

MEMORANDUM AND ORDER

Calendar Date:  June 21, 2019

Appeal from a judgment of the County Court of Schenectady County (Sypniewski, J.), rendered January 9, 2018, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

Defendant pleaded guilty to criminal possession of a weapon in the second degree in satisfaction of a multicount indictment.  He also waived his right to appeal, both orally and in writing.  In accordance with the terms of the plea agreement, defendant was sentenced as a second felony offender to six years in prison followed by five years of postrelease supervision.  He appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues that may be raised on appeal.  Based upon our review of the record, counsel's brief and defendant's pro se submissions, 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, 980 [1985], lv denied 67 N.Y.2d 650 [1986];  see generally People v. Beaty, 22 NY3d 490 [2014];  People v. Stokes, 95 N.Y.2d 633 [2001] ).

Garry, P.J., Egan Jr., Clark, Aarons and Rumsey, JJ., concur.

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