People v Vierno
2015 NY Slip Op 06530 [131 AD3d 765]
August 13, 2015
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 23, 2015


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 The People of the State of New York, Respondent, v Michael S. Vierno, Appellant.

Rosemary Philips, Canton, for appellant.

Mary E. Rain, District Attorney, Canton (Ramy Louis of counsel), for respondent.

Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered August 14, 2012, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree.

In satisfaction of a one-count indictment, defendant pleaded guilty to attempted assault in the second degree and waived his right to appeal. He was released to probation pending sentencing and violated a condition of his release during this time. Nevertheless, County Court adhered to the plea bargain and sentenced him as a second felony offender to the minimum available sentence of 11/2 to 3 years in prison with a recommendation for the shock incarceration program. He now appeals.

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 counsel's brief, we agree. Therefore, the judgment is affirmed and counsel's request for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

McCarthy, J.P., Garry, Rose and Lynch, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.