Opinion
109411
06-27-2019
The PEOPLE of the State of New York, Respondent, v. El'Shamir MERRITT, Appellant.
Thomas F. Garner, Middleburgh, for appellant. P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.
Thomas F. Garner, Middleburgh, for appellant.
P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.
Before: Egan Jr., J.P., Mulvey, Devine, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDER Appeal from a judgment of the County Court of Albany County (Lynch, J.), rendered March 31, 2017, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.
In satisfaction of a three-count indictment and other outstanding charges, defendant pleaded guilty to attempted burglary in the second degree and waived his right to appeal, both orally and in writing. In accordance with the terms of the plea agreement, he was sentenced to two years in prison followed by three years of postrelease supervision. 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. 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] ).
Egan Jr., J.P., Mulvey, Devine, Rumsey and Pritzker, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.