Opinion
13575
Decided and Entered: June 27, 2002.
Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered September 17, 2001, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.
Richard V. Manning, Parishville, for appellant.
Jerome J. Richards, District Attorney, Canton (Laurie L. Paro of counsel), for respondent.
Before: Mercure, J.P., Peters, Carpinello, Mugglin and, Lahtinen, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of burglary in the second degree and was sentenced in accordance with the plea agreement to a determinate term of four years' imprisonment and payment of $1,363.36 in restitution. Defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Upon our review of the record, defense counsel's brief and defendant's pro se submission, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty and was sentenced in accordance with the plea agreement. Accordingly, the judgment is affirmed and defense counsel's application for leave to withdraw is granted (see, People v. Stokes, 95 N.Y.2d 633; People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650).
Mercure, J.P., Peters, Carpinello and Lahtinen, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.