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People v Whitted

Decided and Entered: May 10, 2007

16353

___________________________

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v

WALLACE WHITTED, Appellant.

______________________

Calendar Date: April 11, 2.....

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Decided and Entered: May 10, 2007 16353 ___________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v WALLACE WHITTED, Appellant. ______________________ Calendar Date: April 11, 2007 Before: Mercure, J.P., Spain, Carpinello, Mugglin and Kane, JJ. _____ Andrew Kossover, Public Defender, Kingston (Mari Ann Connolly Sennett of counsel), for appellant. Donald A. Williams, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent. _____ Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered June 20, 2005, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree. In satisfaction of a two-count indictment, defendant pleaded guilty to criminal sale of a controlled substance in the third degree. In accordance with the plea agreement, he was sentenced, as an admitted second felony offender, to the minimum term of imprisonment of 41/2 to 9 years. He now appeals. Appellate counsel seeks to be relieved of her assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record and counsel’s brief, we agree. Accordingly, the judgment is affirmed and counsel’s application for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d 659 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]). Mercure, J.P., Spain, Carpinello, Mugglin and Kane, JJ., concur. ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.

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