People v. St. Andrews

Appellate Division of the Supreme Court of New York

People v. St. Andrews

24 A.D.3d 1037, 805 N.Y.S.2d 857

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 22, 2005

StatusPublished

This text of 24 A.D.3d 1037 (People v. St. Andrews) 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.

Bluebook

People v. St. Andrews, 24 A.D.3d 1037, 805 N.Y.S.2d 857 (N.Y. Ct. App. 2005).

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Opinion

Appeals from two judgments of the County Court of St. Lawrence County (Nicandri, J.), rendered June 23, 2003 and June 30, 2003, convicting defendant upon his plea of guilty of the crimes of burglary in the second degree and two counts of burglary in the third degree.

In satisfaction of three separate indictments, defendant [1038]*1038pleaded guilty to burglary in the second degree and two counts of burglary in the third degree and executed a waiver of the right to appeal. Defendant was sentenced as a second felony offender to six years, followed by five years of postrelease supervision for his conviction of burglary in the second degree and 3 to 6 years on both third degree burglary convictions, all sentences to run concurrently. On appeal, defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues which can be raised on appeal. Upon our review of the record and defense counsel’s brief, we agree. The judgments are, accordingly, affirmed and defense counsel’s application 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]).

Crew III, J.P., Peters, Spain, Rose and Kane, JJ., concur. Ordered that the judgments are affirmed, and application to be relieved of assignment granted.

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Appeals from two judgments of the County Court of St. Lawrence County (Nicandri, J.), rendered June 23, 2003 and June 30, 2003, convicting defendant upon his plea of guilty of the crimes of burglary in the second degree and two counts of burglary in the third degree.

In satisfaction of three separate indictments, defendant [1038]*1038pleaded guilty to burglary in the second degree and two counts of burglary in the third degree and executed a waiver of the right to appeal. Defendant was sentenced as a second felony offender to six years, followed by five years of postrelease supervision for his conviction of burglary in the second degree and 3 to 6 years on both third degree burglary convictions, all sentences to run concurrently. On appeal, defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues which can be raised on appeal. Upon our review of the record and defense counsel’s brief, we agree. The judgments are, accordingly, affirmed and defense counsel’s application 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]).

Crew III, J.P., Peters, Spain, Rose and Kane, JJ., concur. Ordered that the judgments are affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

24 A.D.3d 1037, 805 N.Y.S.2d 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-st-andrews-nyappdiv-2005.

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