People v. Swarts

— Appeal from a judgment of the County Court of Tioga County (Sgueglia, J.), rendered November 21, 2005, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.

Defendant pleaded guilty to sexual abuse in the first degree and was sentenced as negotiated to four years in prison and five years of postrelease supervision. Defendant appeals. Appellate counsel for defendant seeks to be relieved of his assignment on the basis that there are no nonfrivolous issues to be advanced on appeal. Based upon our review of the record, we disagree. We find that there is…