| People v Rush |
| 2008 NY Slip Op 03254 [50 AD3d 1246] |
| April 11, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Rodney Rush,Appellant. |
—[*1] Nicole M. Duve, District Attorney, Canton (Laurie L. Paro of counsel), forrespondent.
Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), renderedMay 25, 2004, convicting defendant upon his plea of guilty of the crime of assault in the seconddegree.
Waiving his right to appeal, defendant pleaded guilty to assault in the second degree and wassentenced in accordance with the plea agreement as a second felony offender to five years inprison and five years of postrelease supervision. Defendant now appeals.
Defendant's appellate counsel seeks to be relieved of his assignment on the ground that thereare no nonfrivolous issues to be raised on appeal. Having reviewed the record and counsel's brief,we agree. Defendant voluntarily, knowingly and intelligently pleaded guilty and waived his rightto appeal. Consequently, the judgment is affirmed and counsel's request for leave to withdraw isgranted (see People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d 650[1986]; see generally People v Stokes, 95 NY2d 633 [2001]).
Cardona, P.J., Carpinello, Rose, Kavanagh and Stein, JJ., concur. Ordered that the judgmentis affirmed, and application to be relieved of assignment granted.