State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: August 13, 2015 105714
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THE PEOPLE OF THE STATE OF
NEW YORK,
Respondent,
v MEMORANDUM AND ORDER
MICHAEL S. VIERNO,
Appellant.
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Calendar Date: June 8, 2015
Before: McCarthy, J.P., Garry, Rose and Lynch, JJ.
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Rosemary Philips, Canton, for appellant.
Mary E. Rain, District Attorney, Canton (Ramy Louis of
counsel), for respondent.
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Appeal from a judgment of the County Court of St. Lawrence
County (Richards, J.), rendered August 14, 2012, convicting
defendant upon his plea of guilty of the crime of attempted
assault in the second degree.
In satisfaction of a one-count indictment, defendant
pleaded guilty to attempted assault in the second degree and
waived his right to appeal. He was released to probation pending
sentencing and violated a condition of his release during this
time. Nevertheless, County Court adhered to the plea bargain and
sentenced him as a second felony offender to the minimum
available sentence of 1½ to 3 years in prison with a
recommendation for the shock incarceration program. He now
appeals.
Appellate counsel seeks to be relieved of her assignment of
-2- 105714
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. Therefore,
the judgment is affirmed and counsel's request for leave to
withdraw is granted (see People v Cruwys, 113 AD2d 979, 980
[1985], lv denied 67 NY2d 650 [1986]; see generally People v
Stokes, 95 NY2d 633 [2001]).
McCarthy, J.P., Garry, Rose and Lynch, JJ., concur.
ORDERED that the judgment is affirmed, and application to
be relieved of assignment granted.
ENTER:
Robert D. Mayberger
Clerk of the Court