| People v Olmstead |
| 2010 NY Slip Op 00737 [70 AD3d 1067] |
| February 4, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v George E.Olmstead Jr., Appellant. |
—[*1] Nicole M. Duve, District Attorney, Canton (Victoria M. Esposito of counsel), forrespondent.
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.),rendered February 9, 2009, convicting defendant upon his plea of guilty of the crime of drivingwhile intoxicated.
In April 2008, defendant was charged in an indictment with two counts of driving whileintoxicated. Before the case proceeded to trial, defendant pleaded guilty to one count of drivingwhile intoxicated in full satisfaction of said indictment and he waived his right to appeal. Inaccordance with the plea agreement, he was sentenced to 1 to 3 years in prison on this charge.Defendant now appeals.
Appellate 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, counsel's brief and defendant's pro se submission, we agree. Therefore, the judgment isaffirmed and counsel's request for leave to withdraw is granted (see People v Cruwys,113 AD2d 979 [1985], lv denied 67 NY2d 650 [1986]; see generally People vStokes, 95 NY2d 633 [2001]).
Cardona, P.J., Mercure, Rose, Kavanagh and Stein, JJ., concur. Ordered that the judgment isaffirmed, and application to be relieved of assignment granted.