Opinion
13700
September 11, 2003.
Appeal from a judgment of the Supreme Court (Lamont, J.), rendered July 13, 2001 in Albany County, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.
Richard V. Manning, Parishville, for appellant.
Paul A. Clyne, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.
Before: Cardona, P.J., Spain, Mugglin, Rose and Kane, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of burglary in the second degree and was sentenced as a second felony offender in accordance with the negotiated plea agreement to a determinate term of 12 years' imprisonment and five years of postrelease supervision. Defense counsel now 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. Our review of the record and defense counsel's brief leads to the same conclusion. The judgment is, accordingly, affirmed and defense counsel's application for leave to withdraw is granted (see People v. Cruwys, 113 A.D.2d 650, lv denied 67 N.Y.2d 650; see generally People v. Stokes, 95 N.Y.2d 633).
Cardona, P.J., Spain, Mugglin, Rose and Kane, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.