People v. LaPoint

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 5, 2015
• Docket: 105983
• Status: Published

Opinion

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: February 5, 2015 105983 ________________________________

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MEMORANDUM AND ORDER

BENJAMIN LaPOINT, Appellant. ________________________________

Calendar Date: December 2, 2014

Before: McCarthy, J.P., Garry, Egan Jr. and Lynch, JJ.

__________

G. Scott Walling, Schenectady, for appellant.

J. Anthony Jordan, District Attorney, Fort Edward (Sara E. Fischer of counsel), for respondent.

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered April 12, 2013, convicting defendant upon his plea of guilty of the crime of criminal possession of stolen property in the third degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to criminal possession of stolen property in the third degree, waived his right to appeal and was sentenced in accordance with the plea agreement to a prison term of 1b to 5 years. Defendant now appeals, and appellate counsel seeks to be relieved of his assignment on the ground that there are no nonfrivolous issues to be raised on appeal. Upon our review of the record and defense counsel brief, we agree. Accordingly, the judgment is affirmed and counsel's request for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 -2- 105983

[2001]).

McCarthy, J.P., Garry, Egan Jr. and Lynch, JJ., concur.

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

ENTER:

Robert D. Mayberger Clerk of the Court