Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Calendar Date: December 18, 2008
Before: Mercure, J.P., Rose, Lahtinen, Malone Jr. and Kavanagh, JJ.
Appeal from a judgment of the Supreme Court (Lamont, J.), rendered December 18, 2007 in Albany County, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.
Defendant pleaded guilty to burglary in the third degree and waived his right to appeal. Supreme Court thereafter sentenced defendant in accordance with the plea agreement as a second felony offender to 21/4 to 41/2 years in prison. Defendant now appeals.
Defendant's appellate counsel requests that she be relieved of her assignment on the basis that there are no non-frivolous issues to be advanced on appeal. Having reviewed counsel's brief, defendant's pro se letter and the record, we agree. As such, the judgment is affirmed and counsel's application for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979 , lv denied 67 NY2d 650 ; see generally People v Stokes, 95 NY2d 633 ).
Mercure, J.P., Rose, Lahtinen, Malone Jr. and Kavanagh, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.
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