People v. McMaster

• Decision Date: 05 December 2013
• Parties: The PEOPLE of the State of New York, Respondent, v. Kenneth McMASTER, Appellant.
• Court: New York Supreme Court — Appellate Division

112 A.D.3d 999
975 N.Y.S.2d 923
2013 N.Y. Slip Op. 08154

The PEOPLE of the State of New York, Respondent,
v.
Kenneth McMASTER, Appellant.

Supreme Court, Appellate Division, Third Department, New York.

Dec. 5, 2013.

John J. Goodman Jr., Greenwich, for appellant, and appellant pro se.

Kevin C. Kortright, District Attorney, Fort Edward (Nicole C. Fish, Law Intern), for respondent.

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered June 22, 2012, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Defendant pleaded guilty to the crime of attempted promoting prison contraband in the first degree and, under the terms of the plea agreement, was sentenced as a second felony offender to 1 1/2 to 3 years in prison, that sentence to run consecutively with the sentence he was then serving. He now 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, which reflects that defendant received the minimum permissible sentence, as well as counsel's brief and defendant's letter submission, we agree. Therefore, the judgment is affirmed and counsel's request for leave to withdraw is granted ( see People v. Cruwys, 113 A.D.2d 979, 493 N.Y.S.2d 653 [1985], lv. denied67 N.Y.2d 650, 499 N.Y.S.2d 1046, 490 N.E.2d 562 [1986]; see generally People v. Stokes, 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 [2001] ).

ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.

STEIN, J.P., McCARTHY, SPAIN and EGAN JR., JJ., concur.