People v Woods
2016 NY Slip Op 07354 [144 AD3d 1269]
November 10, 2016
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4, 2017


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 The People of the State of New York, Respondent, v Wesley L. Woods Jr., Appellant.

G. Scott Walling, Schenectady, for appellant.

J. Anthony Jordon, District Attorney, Fort Edward (Sara E. Fischer of counsel), for respondent.

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered July 17, 2015, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to the reduced charge of attempted assault in the second degree. He was sentenced, as a second felony offender, in accordance with the terms of the plea agreement to the minimum prison term of 11/2 to 3 years, to run consecutively to the sentence that he is currently serving. 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. 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 Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

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