People v. Mayer
798 N.Y.S.2d 697
N.Y. App. Div.
2005
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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JODY L. MAYER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department

798 N.Y.S.2d 697

Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), rendered July 19, 2002, convicting defendant upon his plea of guilty of the crime of criminal possession of stolen property in the third degree.

Defendant pleaded guilty to criminal possession of stolen property in the third degree, waived his right to appeal and signed a comprehensive written waiver to that effect. Thereafter, defendant was sentenced as a second felony offender in accordance with the negotiated plea agreement to a prison term of 2 to 4 years and he was ordered to pay restitution. On appeal, defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Upon our review of the record and defense counsel‘s brief, we agree. The judgment is, accordingly, affirmed and defense counsel‘s application for leave to withdraw is granted (see , lv denied ; see generally ).

Cardona, P.J., Mercure, Peters, Rose and Kane, JJ., concur.

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