People v. Rush

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J), rendered May 25, 2004, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Waiving his right to appeal, defendant pleaded guilty to assault in the second degree and was sentenced in accordance with the plea agreement as a second felony offender to five years in prison and five years of postrelease supervision. Defendant now appeals.

Defendant’s appellate counsel seeks to be relieved of his assignment on the ground that there are no nonfrivolous issues to be raised on appeal.…