PEOPLE v. RILEY (2024)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Saratoga County (James A. Murphy III, J.), rendered April 1, 2021, convicting defendant upon her plea of guilty of the crime of burglary in the third degree.

In satisfaction of a five-count indictment, defendant pleaded guilty to burglary in the third degree and waived her right to appeal.  Consistent with the terms of the plea agreement, County Court sentenced defendant to time served and a five-year term of probation.  Defendant appeals.

Appellate counsel seeks to be relieved of her assignment of representing defendant on the ground that there are no nonfrivolous issues that can 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 [3d Dept 1985], lv denied 67 N.Y.2d 650 [1986];  see generally People v. Beaty, 22 NY3d 490, 492–493 [2014];  People v. Stokes, 95 N.Y.2d 633, 638–639 [2001]).

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

Garry, P.J., Egan Jr., Aarons, Powers and Mackey, JJ., concur.