People v Collins

2015 NY Slip Op 09568 [134 AD3d 1352]

December 24, 2015

Appellate Division, Third Department

As corrected through Wednesday, February 11, 2015

[*1]

The People of the State of New York, Respondent, vTenell Collins, Appellant.

Lisa A. Burgess, Indian Lake, for appellant.

Andrew J. Wylie, District Attorney, Plattsburgh (Timothy G. Blatchley of counsel),for respondent.

Appeal from a judgment of the County Court of Clinton County (McGill, J.),rendered January 14, 2014, convicting defendant upon his plea of guilty of the crime ofattempted promoting prison contraband in the first degree.

In satisfaction of a two-count indictment, defendant entered a guilty plea to thereduced charge of attempted promoting prison contraband in the first degree. CountyCourt imposed the agreed-upon prison sentence of 11/2 to 3 years, as anadmitted second felony offender, the minimum permissible sentence (see PenalLaw § 70.06 [3] [e]; [4] [b]), to run consecutively to the sentence he wasthen serving. Defendant now appeals.^[FN*]

Appellate counsel seeks to be relieved of her assignment of representing defendanton the ground that there are no nonfrivolous issues to be raised on appeal. Based uponour review of the record and briefs, we agree. Therefore, the judgment is affirmed andcounsel's request for leave to withdraw is granted (see People v Cruwys, 113AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally Peoplev Stokes, 95 NY2d 633 [2001]).

[*2] Peters,P.J., Rose, Lynch and Clark, JJ., concur. Ordered that the judgment is affirmed, andapplication to be relieved of assignment granted.

Footnote *:Although defendant'spro se notice of appeal contains errors in the date of the judgment and the crime ofconviction, we will overlook these errors and treat the notice of appeal as if it werevalidly taken from the amended sentence rendered January 14, 2014 (see CPL460.10; People v Saunders,127 AD3d 1420, 1421 [2015], lv denied 26 NY3d 935 [2015]).