People v Dahl

People v Dahl 2017 NY Slip Op 00508 Decided on January 26, 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: January 26, 2017
106523

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

v

JACOB E. DAHL, Appellant.

Calendar Date: November 29, 2016
Before: Peters, P.J., Garry, Egan Jr., Lynch and Clark, JJ.

Richard E. Cantwell, Plattsburgh, for appellant.

Kristy L. Sprague, District Attorney, Elizabethtown (James E. Martineau Jr. of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Essex County (Meyer, J.), rendered December 18, 2013, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

Defendant waived indictment and agreed to be prosecuted by a superior court information charging him with burglary in the second degree. He pleaded guilty to this charge in full satisfaction of the superior court information, as well as another pending charge, and also waived his right to appeal. He was thereafter sentenced in accordance with the terms of the plea agreement to five years in prison, followed by three years of postrelease supervision. Defendant now 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. 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., Garry, Egan Jr., Lynch and Clark, JJ., concur.

ORDERED that the judgment is affirmed, and application to be relieved of assignment [*2]granted.