People v Young
2021 NY Slip Op 03877 [195 AD3d 1246]
June 17, 2021
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 4, 2021


[*1]
 The People of the State of New York, Respondent,
v
James Young, Appellant.

Angela M. Kelley, Albany, for appellant.

J. Anthony Jordan, District Attorney, Fort Edward (Taylor Fitzsimmons of counsel), for respondent.

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered January 18, 2019, convicting defendant upon his plea of guilty of the crime of aggravated family offense.

In satisfaction of a two-count indictment, defendant pleaded guilty to aggravated family offense after violating an order of protection that had been issued in favor of his former paramour. He also 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 11/2 to 3 years in prison. Defendant 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. 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 Beaty, 22 NY3d 490 [2014]; People v Stokes, 95 NY2d 633 [2001]).

Garry, P.J., Egan Jr., Lynch, Clark and Reynolds Fitzgerald, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.