Opinion
106627.
12-24-2015
The PEOPLE of the State of New York, Respondent, v. Tenell COLLINS, Appellant.
Lisa A. Burgess, Indian Lake, for appellant. Andrew J. Wylie, District Attorney, Plattsburgh (Timothy G. Blatchley of counsel), for respondent.
Lisa A. Burgess, Indian Lake, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Timothy G. Blatchley of counsel), for respondent.
Opinion
Appeal from a judgment of the County Court of Clinton County (McGill, J.), rendered January 14, 2014, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.
In satisfaction of a two-count indictment, defendant entered a guilty plea to the reduced charge of attempted promoting prison contraband in the first degree. County Court imposed the agreed-upon prison sentence of 1 ½ to 3 years, as an admitted second felony offender, the minimum permissible sentence (see Penal Law § 70.063[e]; 4[b] ), to run consecutively to the sentence he was then serving. Defendant now appeals.
Although defendant's pro se notice of appeal contains errors in the date of the judgment and the crime of conviction, we will overlook these errors and treat the notice of appeal as if it were validly taken from the amended sentence rendered January 14, 2014 (
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 briefs, 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, 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. Stokes, 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 2011 ).
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.
PETERS, P.J., ROSE, LYNCH and CLARK, JJ., concur.
see CPL 460.10; People v. Saunders, 127 A.D.3d 1420, 1421, 7 N.Y.S.3d 651 2015, lv. denied 26 N.Y.3d 935, 17 N.Y.S.3d 98, 38 N.E.3d 844 2015 ).