Opinion
110578
09-23-2021
The PEOPLE of the State of New York, Respondent, v. Keaghn PICARO, Appellant.
Donnial K. Hinds, Albany, for appellant. Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Donnial K. Hinds, Albany, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Lynch, Clark and Pritzker, JJ.
MEMORANDUM AND ORDER Appeal from a judgment of the County Court of Schenectady County (Sypniewski, J.), rendered March 12, 2018, which revoked defendant's probation and imposed a sentence of imprisonment. In May 2017, defendant was convicted of attempted assault in the second degree and sentenced to five years of probation. Defendant was subsequently charged with violating the terms of his probation for failing to participate in an anger management program. Pursuant to an agreed-upon disposition, defendant admitted to violating the terms of his probation and County Court revoked his probation and sentenced him to 1 to 3 years in prison. Defendant appeals.
Appellate counsel represents in his brief that defendant was released from confinement on March 26, 2020. We also take note that the maximum expiration date for his sentence was March 18, 2021.
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 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. Beaty, 22 N.Y.3d 490, 982 N.Y.S.2d 820, 5 N.E.3d 983 [2014] ; People v. Stokes, 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 [2001] ).
Garry, P.J., Egan Jr., Lynch, Clark and Pritzker, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.