Opinion
107430
05-24-2018
The PEOPLE of the State of New York, Respondent, v. Orville A. OLDACRE, Appellant.
Craig Meyerson, Peru, for appellant. P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.
Craig Meyerson, Peru, for appellant.
P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Clark, Mulvey and Rumsey, JJ.
MEMORANDUM AND ORDERAppeal from a judgment of the Supreme Court (Breslin, J.), rendered February 4, 2014 in Albany County, convicting defendant upon his plea of guilty of the crime of reckless endangerment in the first degree.
In satisfaction of an 11–count indictment, defendant pleaded guilty to reckless endangerment in the first degree and waived his right to appeal. County Court thereafter sentenced defendant to the agreed-upon sentence of 1? to 4 years in prison and ordered him to pay restitution in the amount of $282.45. Defendant appeals.
Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues that may 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 A.D.2d 979, 980, 493 N.Y.S.2d 653 [1985], lv denied 67 N.Y.2d 650, 499 N.Y.S.2d 1046, 490 N.E.2d 562 [1986] ; see generally People v. Stokes, 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 [2001] ).
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.
Garry, P.J., Egan Jr., Clark, Mulvey and Rumsey, JJ., concur.