People v. Labare
This text of 157 N.Y.S.3d 794 (People v. Labare) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
| People v Labare |
| 2022 NY Slip Op 00474 |
| Decided on January 27, 2022 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided and Entered:January 27, 2022
111129
v
Sonya L. Labare, Appellant.
Calendar Date:December 30, 2021
Before:Egan Jr., J.P., Lynch, Aarons, Pritzker and Colangelo, JJ.
Lisa A. Burgess, Indian Lake, for appellant.
Craig P. Carriero, District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered December 17, 2018, convicting defendant upon her plea of guilty of the crime of burglary in the second degree.
Defendant pleaded guilty to burglary in the second degree and waived her right to appeal. County Court sentenced defendant, as a second felony offender, to a prison term of five years, to be followed by five years of postrelease supervision, with the sentence to run concurrently with the sentence that defendant was already serving. Defendant appeals.
Appellate counsel seeks to be relieved of her assignment of representing defendant on the basis that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record and counsel's brief, we agree. Consequently, 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 Beaty, 22 NY3d 490 [2014]; People v Stokes, 95 NY2d 633 [2001]).
Egan Jr., J.P., Lynch, Aarons, Pritzker and Colangelo, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.
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Cite This Page — Counsel Stack
157 N.Y.S.3d 794, 201 A.D.3d 1254, 2022 NY Slip Op 00474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-labare-nyappdiv-2022.