Opinion
06-30-2016
The PEOPLE of the State of New York, Respondent, v. Rodney BLUNT, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Andrew C. Fine of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sabrina Margret Bierer of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Andrew C. Fine of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sabrina Margret Bierer of counsel), for respondent.
Opinion
Judgments, Supreme Court, New York County (Daniel P. FitzGerald and Ronald A. Zweibel, JJ. at pleas; Ronald A. Zweibel at sentencing), rendered March 7, 2013, convicting defendant of two counts of burglary in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 3 ½ to 7 and 2 to 4 years, unanimously affirmed.
As to the conviction under indictment 5349/11, defendant made a valid waiver of his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), which forecloses review of his excessive sentence claim. Regardless of whether defendant made a valid waiver of his right to appeal, we perceive no basis for reducing the sentence.
As to the conviction under indictment 4889/12, application by defendant's counsel to withdraw is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 [1967] ; People v. Saunders, 52 A.D.2d 833, 384 N.Y.S.2d 161 [1st Dept.1976] ). We have reviewed this record and agree with defendant's assigned counsel that there are no nonfrivolous points that could be raised on this appeal.
Pursuant to CPL 460.20, defendant may apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within 30 days after service of a copy of this order.
Denial of the application for permission to appeal by the judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice.
MAZZARELLI, J.P., RENWICK, MOSKOWITZ, GISCHE, GESMER, JJ., concur.