Opinion
2014-09-25
The PEOPLE of the State of New York, Respondent, v. Reginald W. NOBLE, Appellant.
G. Scott Walling, Queensbury, for appellant. Andrew J. Wylie, District Attorney, Plattsburgh (Timothy G. Blatchley of counsel), for respondent.
G. Scott Walling, Queensbury, for appellant. Andrew J. Wylie, District Attorney, Plattsburgh (Timothy G. Blatchley of counsel), for respondent.
Appeal from a judgment of the County Court of Clinton County (McGill, J.), rendered November 8, 2012, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.
Defendant pleaded guilty to a superior court information charging him with burglary in the third degree and waived his right to appeal. The plea agreement contemplated that, if defendant failed to enter the drug court program, he could receive a prison sentence of up to 2 1/3 to 7 years. Defendant's application for the drug court program was rejected and, accordingly, he was sentenced to a prison term of 2 1/3 to 7 years. He now appeals.
Appellate counsel seeks to be relieved of his assignment of representing defendant, asserting that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record and counsel's brief, we agree. Thus, 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. denied67 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. LAHTINEN, J.P., STEIN, McCARTHY, GARRY and LYNCH, JJ., concur.