Opinion
110363
03-11-2021
The PEOPLE of the State of New York, Respondent, v. Donna A. LAROSE, Appellant.
G. Scott Walling, Slingerlands, for appellant, and appellant pro se. J. Anthony Jordan, District Attorney, Fort Edward (Taylor Fitzsimmons of counsel), for respondent.
G. Scott Walling, Slingerlands, for appellant, and appellant pro se.
J. Anthony Jordan, District Attorney, Fort Edward (Taylor Fitzsimmons of counsel), for respondent.
Before: Garry, P.J., Lynch, Clark, Reynolds Fitzgerald and Colangelo, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered September 22, 2017, convicting defendant upon her plea of guilty of the crime of criminal possession of a controlled substance in the first degree.
In satisfaction of a three-count indictment, defendant pleaded guilty to criminal possession of a controlled substance in the first degree and waived her right to appeal. County Court sentenced defendant, as agreed, to 10 years in prison to be followed by five years of postrelease supervision. Defendant appeals.
Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. After reviewing the record, counsel's brief and defendant's pro se submissions, we agree. Accordingly, without taking any position on an application for resentencing that is apparently forthcoming and could lead to a separate appeal ( see CPL 440.47 ), we affirm the judgment and grant counsel's request for leave to withdraw ( 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., Lynch, Clark, Reynolds Fitzgerald and Colangelo, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.