PEOPLE v. BARKLEY

Decided and Entered: September 11, 2003
14003

THE PEOPLE OF THE STATE OF NEW YORK,
Respondent,
v
ARTHUR G. BARKLEY,
Appellant.

Calendar Date: August 4, 2003
Bef.....

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Decided and Entered: September 11, 2003 14003 ________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v ARTHUR G. BARKLEY, Appellant. ________________________________ Calendar Date: August 4, 2003 Before: Cardona, P.J., Spain, Carpinello, Mugglin and Lahtinen, JJ. __________ Richard V. Manning, Parishville, for appellant. Jerome J. Richards, District Attorney, Canton (Laurie L. Paro of counsel), for respondent. __________ Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered March 18, 2002, convicting defendant upon his plea of guilty of two counts of the crime of criminal sale of a controlled substance in the third degree. Defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Upon our review of the record, defense counsel’s brief and defendant’s pro se submission, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty to two counts of the crime of criminal sale of a controlled substance in the third degree, waived his right to appeal and was sentenced as a second felony offender in accordance with the negotiated plea agreement to concurrent prison terms of 42 to 9 years. The judgment is, accordingly, affirmed and defense counsel’s application for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]). Cardona, P.J., Spain, Carpinello, Mugglin and Lahtinen, JJ., concur. ORDERED that the judgment is affirmed, and application to be relieved of assignment granted. ENTER: Michael J. Novack Clerk of the Court

PEOPLE v. BARKLEY

Decided and Entered: September 11, 2003 14003 ________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v ARTHUR G. BARKLEY, Appellant. ________________________________ Calendar Date: August 4, 2003 Bef.....

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Decided and Entered: September 11, 2003
14003

THE PEOPLE OF THE STATE OF NEW YORK,
Respondent,
v
ARTHUR G. BARKLEY,
Appellant.

Calendar Date: August 4, 2003
Bef.....