People v Slater

People v Slater 2017 NY Slip Op 02094 Decided on March 23, 2017 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: March 23, 2017
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[*1]THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v

JAMES SLATER JR., Appellant.

Calendar Date: January 24, 2017
Before: McCarthy, J.P., Garry, Lynch, Rose and Devine, JJ.

M. Joe Landry, Schenectady, for appellant.

Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered December 12, 2012, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

Defendant pleaded guilty to attempted burglary in the second degree and waived his right to appeal. County Court thereafter sentenced him to time served, which consisted of eight months in jail, and a five-year term of probation. Defendant appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record and counsel's brief, we agree. Accordingly, the judgment of conviction 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 Stokes , 95 NY2d 633 [2001]).

McCarthy, J.P., Garry, Lynch, Rose and Devine, JJ., concur.

ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.