People v. Young

2021 NY Slip Op 03877, 145 N.Y.S.3d 874, 195 A.D.3d 1246

Opinion

People v Young (2021 NY Slip Op 03877)

People v Young

2021 NY Slip Op 03877

Decided on June 17, 2021

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered:June 17, 2021

111189

[*1]The People of the State of New York, Respondent,

v

James Young, Appellant.

Calendar Date:May 7, 2021
Before:Garry, P.J., Egan Jr., Lynch, Clark and Reynolds Fitzgerald, JJ.

Angela M. Kelley, Albany, for appellant.

J. Anthony Jordan, District Attorney, Fort Edward (Taylor Fitzsimmons of counsel), for respondent.

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered January 18, 2019, convicting defendant upon his plea of guilty of the crime of aggravated family offense.

In satisfaction of a two-count indictment, defendant pleaded guilty to aggravated family offense after violating an order of protection that had been issued in favor of his former paramour. He also waived his right to appeal, both orally and in writing. In accordance with the terms of the plea agreement, he was sentenced as a second felony offender to 1½ to 3 years in prison. Defendant appeals.

Appellate counsel seeks to be relieved of her 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 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Beaty, 22 NY3d 490 [2014]; People v Stokes, 95 NY2d 633 [2001]).

Garry, P.J., Egan Jr., Lynch, Clark and Reynolds Fitzgerald, JJ., concur.

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