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THE PEOPLE OF THE STATE OF NEW YORK v CODY L.G. GARCIA

THE PEOPLE OF THE STATE OF NEW YORK v CODY L.G. GARCIA

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Calendar Date: April 3, 2018Before: Garry, P.J., Egan Jr., Clark, Aarons and Rumsey, JJ.__________G. Scott Walling, Slingerlands, for appellant.Gary M. Pasqua, District Attorney, Canton (Matthew L.Peabody of counsel), for respondent.__________Appeal from a judgment of the County Court of St. LawrenceCounty (Richards, J.), rendered November 23, 2015, convictingdefendant upon his plea of guilty of the crime of attemptedburglary in the second degree.Defendant pleaded guilty to the reduced charge of attemptedburglary in the second degree and waived his right to appeal. Hewas placed on one year of interim probation. Thereafter,defendant was found to have violated multiple terms andconditions of his interim probation following a hearing. CountyCourt subsequently sentenced defendant to five years in prisonfollowed by three years of postrelease supervision. Defendantappeals.Appellate counsel seeks to be relieved of his assignment ofrepresenting defendant on the ground that there are nononfrivolous issues to be raised on appeal. Based upon ourreview of the record and counsel’s brief, we agree. Therefore,the judgment is affirmed and counsel’s request for leave towithdraw is granted (see People v Cruwys, 113 AD2d 979, 980[1985], lv denied 67 NY2d 650 [1986]; see generally People vStokes, 95 NY2d 633 [2001]).Garry, P.J., Egan Jr., Clark, Aarons and Rumsey, JJ.,concur.ORDERED that the judgment is affirmed, and application tobe relieved of assignment granted.ENTER:Robert D. MaybergerClerk of the Court

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