People v. Hammond

142 A.D.3d 1192, 37 N.Y.S.3d 462

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: September 15, 2016
• Docket: 106909
• Status: Published

Opinion

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered June 16, 2014, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to attempted burglary in the second degree and waived his right to appeal. County Court thereafter imposed a sentence within the agreed-upon range, namely, four years in prison to be followed by three years of postrelease supervision.

Defendant now appeals, and appellate counsel seeks to be relieved of her assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Upon our review of the record and counsel’s brief, we agree. The judgment is, accordingly, affirmed and counsel’s request 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]).

Peters, P.J., McCarthy, Devine, Clark and Mulvey, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.