THE PEOPLE OF THE STATE OF NEW YORK v. DARIUS TURNER

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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARIUS TURNER, Appellant.

111012

Decided: June 17, 2021

Before:  Garry, P.J., Clark, Aarons, Reynolds Fitzgerald and Colangelo, JJ. Martin J. McGuinness, Saratoga Springs, for appellant. J. Anthony Jordan, District Attorney, Fort Edward (Taylor Fitzsimmons of counsel), for respondent.

MEMORANDUM AND ORDER

Calendar Date:  May 7, 2021

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered January 25, 2019, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Defendant pleaded guilty to attempted promoting prison contraband in the first degree.  County Court sentenced him, as a second felony offender, to the agreed-upon term of 11/212 to 3 years in prison, to run consecutively to the sentence that he was then serving.  Defendant appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on the basis that there are no nonfrivolous issues to be raised on appeal.  Based upon our review of the record and counsel's brief, we agree.  Consequently, 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., Clark, Aarons, Reynolds Fitzgerald and Colangelo, JJ., concur.

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

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