Opinion
110609
05-12-2022
The PEOPLE of the State of New York, Respondent, v. Edward J. BLATCHFORD, Appellant.
G. Scott Walling, Slingerlands, for appellant. Michael A. Korchak, District Attorney, Binghamton (Rita M. Basile of counsel), for respondent.
G. Scott Walling, Slingerlands, for appellant.
Michael A. Korchak, District Attorney, Binghamton (Rita M. Basile of counsel), for respondent.
Before: Garry, P.J., Clark, Colangelo, Ceresia and Fisher, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Broome County (Dooley, J.), rendered July 3, 2018, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.
In satisfaction of seven drug-related charges, including criminal possession of a controlled substance in the third degree, defendant waived indictment, agreed to be prosecuted by a superior court information and pleaded guilty to the reduced charge of attempted criminal possession of a controlled substance in the third degree. Pursuant to the plea agreement, which required a waiver of appeal, defendant was sentenced, as an acknowledged second felony offender, to a prison term of three years to be followed by two years of postrelease supervision. Defendant appeals.
Defendant served his prison sentence and was released from parole supervision in November 2020.
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 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, 493 N.Y.S.2d 653 [1985], lv denied 67 N.Y.2d 650, 499 N.Y.S.2d 1046, 490 N.E.2d 562 [1986] ; see generally People v. Beaty, 22 N.Y.3d 490, 982 N.Y.S.2d 820, 5 N.E.3d 983 [2014] ; People v. Stokes, 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 [2001] ).
Garry, P.J., Clark, Colangelo, Ceresia and Fisher, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.