People v Taylor

People v Taylor 2012 NY Slip Op 07725 Decided on November 15, 2012 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: November 15, 2012
104721

[*1]THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v

RONALD S. TAYLOR, Appellant.

Calendar Date: September 26, 2012
Before: Peters, P.J., Spain, Malone Jr., Garry and Egan Jr., JJ.


Frank A. Sarat, Homer, for appellant.
Mark D. Suben, District Attorney, Cortland (Kevin A.
Jones of counsel), for respondent.


MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Cortland County (Ames, J.), rendered October 4, 2011, 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. In accordance with the plea agreement, he was sentenced to two years in prison, followed by three years of postrelease supervision. This appeal ensued.

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. Therefore, 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 Stokes, 95 NY2d 633 [2001]).

Peters, P.J., Spain, Malone Jr., Garry and Egan Jr., JJ., concur.

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