People v. Catts

Decision Date08 December 1997
Citation665 N.Y.S.2d 586,245 A.D.2d 385
Parties1997 N.Y. Slip Op. 10,600 The PEOPLE, etc., Respondent, v. Clifton CATTS, Appellant.
CourtNew York Supreme Court — Appellate Division

Robert J. Conflitti, Middletown, for appellant.

William V. Grady, District Attorney, Poughkeepsie (Kirsten A. Rappleyea, of counsel), for respondent.

Appeal by the defendant from (1) a judgment of the County Court, Dutchess County (Marlow, J.), rendered March 15, 1996, convicting him of criminal possession of a controlled substance in the fifth degree under Superior Court Information No. 13/95, upon his plea of guilty, and imposing sentence, and (2) a judgment of the same court, also rendered March 15, 1996, convicting him of assault in the first degree under Indictment No. 119/95, upon his plea of guilty, and imposing sentence.

ORDERED that the judgments are affirmed.

With respect to the defendant's appeal of the judgment convicting him of criminal possession of a controlled substance in the fifth degree, we have reviewed the record and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel with respect to this conviction is granted (see, Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493; People v. Paige, 54 A.D.2d 631, 387 N.Y.S.2d 399; cf., People v. Gonzalez, 47 N.Y.2d 606, 419 N.Y.S.2d 913, 393 N.E.2d 987).

The defendant's contention that the sentence of 5 to 15 years imprisonment for the conviction of assault in the first degree was excessive is without merit (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675). The defendant was sentenced consistent with the plea agreement (see, People v. Fornal, 221 A.D.2d 361, 362, 633 N.Y.S.2d 372; People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d 351). Although the sentence imposed was the maximum, the plea was in satisfaction of a four-count indictment which included a charge of attempted murder in the second degree (see, People v. Blakeslee, 193 A.D.2d 958, 598 N.Y.S.2d 359; People v. Harvey, 192 A.D.2d 956, 957, 597 N.Y.S.2d 602).

ROSENBLATT, J.P., and O'BRIEN, THOMPSON, FRIEDMANN and GOLDSTEIN, JJ., concur.

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