| People v Holloway |
| 2024 NY Slip Op 03847 [229 AD3d 943] |
| July 18, 2024 |
| 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 Theodore Holloway, Appellant. |
Lisa A. Burgess, Indian Lake, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), for respondent.
Appeal from a judgment of the County Court of Clinton County (Keith M. Bruno, J.), rendered August 16, 2022, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.
In full satisfaction of a two-count indictment, defendant was permitted to plead guilty
to the reduced charge of attempted promoting prison contraband in the first degree with
the understanding that he would be sentenced as a second felony offender to a prison
term of 1
Appellate counsel seeks to be relieved of the assignment of representing defendant upon 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 of conviction is affirmed, and counsel's request for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980 [3d Dept 1985], lv denied 67 NY2d 650 [1986]; see generally People v Beaty, 22 NY3d 490 [2014]; People v Stokes, 95 NY2d 633 [2001]).[FN*]
Aarons, J.P., Pritzker, Ceresia, Fisher and Mackey, JJ., concur. Ordered that the judgment is affirmed, application to be relieved of assignment granted and matter remitted to the County Court of Clinton County for entry of an amended uniform sentence and commitment form.