People v. Berry — 157 A.D.3d 1165

Majority

p. 1165

The People of the State of New York, Respondent, v David A. Berry, Appellant.

[67 NYS3d 505]

—Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered November 16, 2015, convicting defendant upon his plea of guilty of the crime of burglary in the first degree (two counts).

In satisfaction of two indictments charging him with multiple crimes, defendant pleaded guilty to two counts of burglary in the first degree. Under the terms of the plea agreement, he was to be sentenced as a second felony offender to concurrent prison terms of eight years, to be followed by five years of post-release supervision. Defendant was sentenced in accordance with the terms of the plea agreement and he now appeals.

Appellate counsel seeks to be relieved of his assignment of

p. 1166

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 AD2d 979 , 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Garry, P.J., Egan Jr., Lynch, Clark and Mulvey, JJ., concur.

Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

Cases cited

People v. Cruwys 113 AD2d 979 N.Y. App. Div. 1985-09-19 at 980 p. 1166
People v. Stokes 95 NY2d 633 N.Y. 2001-02-08 p. 1166