PEOPLE v. COLOMBE (2026)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Washington County (Kelly McKeighan, J.), rendered September 23, 2022, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

In satisfaction of a nine-count indictment, defendant pleaded guilty to burglary in the second degree and agreed to waive his right to appeal.  In accordance with the terms of the plea agreement, County Court sentenced defendant, as a second felony offender, to a prison term of seven years, to be followed by five years of postrelease supervision.  Defendant appeals.

Appellate counsel seeks to be relieved of her 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, counsel's brief and defendant's pro se submissions, we agree.  Accordingly, the judgment of conviction is affirmed, and counsel's request for leave to withdraw is granted (see People v. Cruwys, 113 A.D.2d 979, 980, 493 N.Y.S.2d 653 [3d Dept. 1985], lv denied 67 N.Y.2d 650, 499 N.Y.S.2d 1046, 490 N.E.2d 562 [1986];  see generally People v. Beaty, 22 N.Y.3d 490, 982 N.Y.S.2d 820, 5 N.E.3d 983 [2014];  People v. Stokes, 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 [2001]).

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

Clark, J.P., Aarons, Reynolds Fitzgerald, Fisher and Mackey, JJ., concur.