People v Green
2010 NY Slip Op 04287 [73 AD3d 1346]
May 20, 2010
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 30, 2010


The People of the State of New York, Respondent, v Randy L. Green, Appellant.

—[*1] Joseph Nalli, Fort Plain, for appellant. Louise K. Sira, District Attorney, Johnstown (Ronald Blum Jr. of counsel), for respondent.

Appeal from a judgment of the County Court of Fulton County (Hoye, J.), rendered April 2, 2009, convicting defendant upon his plea of guilty of the crime of murder in the second degree.

In satisfaction of a six-count indictment, defendant pleaded guilty to murder in the second degree and waived his right to appeal. County Court subsequently sentenced him, as agreed, to a prison term of 22 years to life. Defendant now appeals.

Appellate counsel for defendant seeks to be relieved of his assignment, arguing that no nonfrivolous issues exist. After reviewing the record, we agree. The judgment is accordingly affirmed and counsel's application for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]).

Cardona, P.J., Rose, Lahtinen, Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.