THE PEOPLE OF THE STATE OF NEW YORK v. SHANE JENNINGS

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Supreme Court, Appellate Division, Third Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHANE M. JENNINGS, Appellant.

105438

Decided: May 22, 2014

Before:  Peters, P.J., Lahtinen, Garry and Egan Jr., JJ. Tracy A. Donovan–Laughlin, Cherry Valley, for appellant, and appellant pro se. Joseph G. Fazzary, District Attorney, Watkins Glen (John C. Tunney of counsel), for respondent.

MEMORANDUM AND ORDER

Calendar Date:  April 2, 2014

Appeal from a judgment of the County Court of Schuyler County (Morris, J.), rendered October 4, 2012, convicting defendant upon his plea of guilty of the crime of burglary in the in the second degree.

Defendant pleaded guilty to burglary in the second degree in satisfaction of a four-count indictment and also waived his right to appeal both orally and in writing.   In accord with the plea agreement, he was thereafter sentenced to 11 years in prison, to be followed by three years of postrelease supervision.   This appeal followed.

Appellate counsel seeks to be relieved of her assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal.   Based upon our review of the record, counsel's brief and defendant's pro se submission, 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 [1985], lv denied 67 N.Y.2d 650 [1986];  see generally People v. Stokes, 95 N.Y.2d 633 [2001] ).

Peters, P.J., Lahtinen, Garry and Egan Jr., JJ., concur.

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

ENTER:

Robert D. Mayberger

Clerk of the Court

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