| People v Maye |
| 2007 NY Slip Op 09139 [45 AD3d 1110] |
| November 21, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v FrederickMaye, Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady, for respondent.
Appeal from a judgment of the County Court of Schenectady County (Cortese, J.), renderedNovember 6, 2006, convicting defendant upon his plea of guilty of the crime of attemptedcriminal sale of a controlled substance in the third degree.
In satisfaction of four felony drug charges, defendant pleaded guilty to attempted criminalsale of a controlled substance in the third degree, and he executed a written waiver of his right toappeal in open court and orally waived his appeal rights after County Court explained them onthe record. Under the terms of the plea agreement, he was to be sentenced as a second felonyoffender to a maximum of six years in prison to be followed by anywhere from 3 to 5 years ofpostrelease supervision. Prior to sentencing, it was agreed that sentencing would be held inabeyance pending defendant's participation in a substance abuse treatment program, thesuccessful completion of which would entitle him to withdraw his plea, plead guilty to amisdemeanor and be sentenced to time served. Defendant failed to successfully complete theprogram and was sentenced in accordance with the plea agreement. He now appeals.
Defense counsel seeks to be relieved of his assignment of representing defendant on theground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of therecord, defense counsel's brief and defendant's pro se submission, we agree. Defendant entered a[*2]knowing, voluntary and intelligent guilty plea and waiver ofthe right to appeal. Inasmuch as he did not satisfactorily complete the substance abuse treatmentprogram, he was not entitled to a reduced sentence. Accordingly, the judgment is affirmed andcounsel's application for leave to withdraw is granted (see People v Cruwys, 113 AD2d979 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95NY2d 633 [2001]).
Cardona, P.J., Mercure, Spain, Lahtinen and Kane, JJ., concur. Ordered that the judgment isaffirmed, and application to be relieved of assignment granted.