| People v Marini |
| 2019 NY Slip Op 02928 [171 AD3d 1360] |
| April 18, 2019 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Brett T. Marini, Appellant. |
G. Scott Walling, Slingerlands, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Joseph A. Frandino of counsel), for respondent.
Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered July 28, 2017, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a weapon in the third degree.
Defendant waived indictment and agreed to be prosecuted by a superior court information
charging him with attempted criminal possession of a weapon the third degree. He pleaded guilty
to this crime and waived his right to appeal, both orally and in writing. In accordance with the
terms of the plea agreement, he was sentenced as a second felony offender to 1
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. Consequently, 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 Beaty, 22 NY3d 490 [2014]; People v Stokes, 95 NY2d 633 [2001]).
Egan Jr., J.P., Lynch, Devine, Aarons and Rumsey, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.