| People v Fraiser |
| 2011 NY Slip Op 08687 [90 AD3d 1082] |
| December 1, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v RobertFraiser, Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), forrespondent.
Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), renderedSeptember 8, 2010, convicting defendant upon his plea of guilty of the crimes of murder in thesecond degree and assault in the first degree.
Defendant and a codefendant were charged in a 24-count indictment with numerous crimesarising from a shooting at a bar in which one individual was killed and another seriously injured.A trial commenced but, before it was concluded, defendant pleaded guilty to murder in thesecond degree and assault in the first degree in full satisfaction of the charges. He also executed awritten waiver of his right to appeal. In accord with the plea agreement, defendant was thereaftersentenced as a second felony offender to concurrent prison terms of 18 years to life on the murdercharge and 10 years on the assault charge, to be followed by five years of postrelease supervision.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 and counsel's brief, we agree. Therefore, the judgment is affirmed and counsel'sapplication for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980[1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d633 [2001]).
Peters, J.P., Lahtinen, Malone Jr., McCarthy and Garry, JJ., concur. Ordered that thejudgment is affirmed, and application to be relieved of assignment granted.