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People v. Decarlo

Supreme Court of New York, Third Department

February 6, 2014

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
DANIEL DECARLO, Appellant.

Calendar Date: January 2, 2014

G. Scott Walling, Pembroke Pines, Florida, for appellant.

Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), for respondent.

Before: Lahtinen, J.P., Stein, Rose and Egan Jr., JJ.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered August 20, 2012, convicting defendant upon his plea of guilty of the crimes of attempted murder in the second degree, burglary in the first degree, assault in the first degree and gang assault in the first degree.

Defendant pleaded guilty to attempted murder in the second degree, burglary in the first degree, assault in the first degree and gang assault in the first degree and waived his right to appeal. County Court sentenced defendant in accordance with the plea agreement to concurrent prison terms of 14 years followed by five years of postrelease supervision. Defendant now appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant upon the ground that there are no nonfrivolous issues to 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 [1985], lv denied 67 N.Y.2d 650 [1986]; see generally People v Stokes, 95 N.Y.2d 633 [2001]).

Lahtinen, J.P., Stein, Rose and Egan Jr., JJ., concur.

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


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