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PEOPLE v. POWERS

279 A.D.2d 647 (2001)

718 N.Y.S.2d 893

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD J. POWERS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided January 4, 2001.

After pleading guilty, defendant waived his right to appeal and was sentenced as a second felony offender to a prison term of 1½ to 3 years. Defense counsel seeks to be relieved of his assignment on the ground that no nonfrivolous issue can be raised on appeal. Upon our review of the record, we disagree. Given defendant's request at sentencing to amend his plea to an Alford plea and his protestation of innocence while...

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