Opinion
No. 112192
11-03-2022
The People of the State of New York, Respondent, v. Lonsdale Stuffle, Appellant.
Thomas J. Butler, Albany, for appellant. J. Anthony Jordan, District Attorney, Fort Edward (Taylor R. Fitzsimmons of counsel), for respondent.
Calendar Date:October 7, 2022.
Thomas J. Butler, Albany, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Taylor R. Fitzsimmons of counsel), for respondent.
Before: Garry, P.J., Lynch, Clark, Reynolds Fitzgerald and McShan, JJ.
Appeal from a judgment of the County Court of Washington County (Kelly S. McKeighan, J.), rendered October 4, 2019, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
In satisfaction of a four-count indictment, defendant pleaded guilty to criminal sale of a controlled substance in the third degree and waived his right to appeal. County Court sentenced defendant, pursuant to the terms of the plea agreement, to a prison term of two years followed by one year 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 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 Washburn, 76 A.D.3d 1120, 1121 [3d Dept 2010], lv denied 16 N.Y.3d 864 [2011]; see generally People v Beaty, 22 N.Y.3d 490 [2014]; People v Stokes, 95 N.Y.2d 633 [2001]; People v Cruwys, 113 A.D.2d 979, 980 [3d Dept 1985], lv denied 67 N.Y.2d 650 [1986]).
Garry, P.J., Lynch, Clark, Reynolds Fitzgerald and McShan, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.