| People v Tinsley |
| 2010 NY Slip Op 02998 [72 AD3d 1284] |
| April 15, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Franklin R.Tinsley, Appellant. |
—[*1] Richard J. McNally Jr., District Attorney, Troy (Ian H. Silverman of counsel), forrespondent.
Appeal from a judgment of the County Court of Rensselaer County (Jacon, J.), rendered May16, 2008, convicting defendant upon his plea of guilty of the crime of criminal possession of acontrolled substance in the fifth degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to criminal possession ofa controlled substance in the fifth degree and, in open court after consultation with counsel, heexecuted a written waiver of his right to appeal. In accordance with the plea agreement, he wassentenced as a second felony offender to 2½ years in prison, to be followed by one year ofpostrelease supervision. Defendant appeals.
Appellate counsel seeks to be relieved of his assignment of representing defendant on theground that there are no nonfrivolous issues that can be raised on appeal. Based upon our reviewof the record and counsel's brief, we agree. Inasmuch as defendant's written waiver of his right toappeal is valid despite County Court's minimal inquiry regarding it (see People v Ramos, 7 NY3d 737,738 [2006]; People v Romano, 45AD3d 910, 914 [2007], lv denied 10 NY3d 770 [2008]), the judgment is affirmedand counsel's request 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., Rose, Lahtinen, Stein and McCarthy, JJ., concur. Ordered that the judgment isaffirmed, and application to be relieved of assignment granted.