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THE PEOPLE OF THE STATE OF NEW YORK v TYRELL BERKLEY

THE PEOPLE OF THE STATE OF NEW YORK v TYRELL BERKLEY

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Calendar Date: April 3, 2018Before: Garry, P.J., McCarthy, Clark, Aarons and Rumsey, JJ.__________G. Scott Walling, Slingerlands, for appellant.J. Anthony Jordan, District Attorney, Fort Edward (JosephA. Frandino of counsel), for respondent.__________Appeal from a judgment of the County Court of WashingtonCounty (McKeighan, J.), rendered June 30, 2016, convictingdefendant upon his plea of guilty of the crime of attemptedpromoting prison contraband in the first degree.Defendant was found to be in possession of a handmadeweapon while he was incarcerated and was charged in an indictmentwith promoting prison contraband in the first degree. Insatisfaction thereof, he pleaded guilty to attempted promotingprison contraband in the first degree. In accordance with theterms of the plea agreement, he was sentenced as a second felonyoffender to 1ó to 3 years in prison, to run consecutively to thesentence that he was then serving. Defendant appeals.Appellate counsel seeks to be relieved of his assignment ofrepresenting defendant on the basis that there are nononfrivolous issues to be raised on appeal. Based upon ourreview of the record and counsel’s brief, we agree.Consequently, the judgment is affirmed and counsel’s request forleave to withdraw 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., McCarthy, 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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