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

The PEOPLE of the State of New York, Respondent, v. Michael C. VAN WAGNER, Appellant.

Decided: February 25, 1999

Before:  CARDONA, P.J., MIKOLL, YESAWICH JR., PETERS and SPAIN, JJ. Carl J. Silverstein, Monticello, for appellant. James E. Conboy, District Attorney, Fonda, for respondent.

Appeal from a judgment of the County Court of Montgomery County (Sise, J.), rendered January 30, 1998, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

Defendant pleaded guilty to the crime of burglary in the second degree in satisfaction of a five-count indictment and was sentenced to a term of 6 to 12 years in prison.   On appeal, defense counsel has asserted that no nonfrivolous appealable issues exist and seeks to be relieved of his assignment as counsel for defendant.   Upon our review of the record and defense counsel's brief, we agree.   The record discloses that defendant entered a voluntary and intelligent plea of guilty and was sentenced in accordance with the negotiated plea agreement and relevant statutory requirements.   In view of the foregoing, we affirm the judgment of conviction and grant defense counsel's application to withdraw (see, People v. Cruwys, 113 A.D.2d 979, 493 N.Y.S.2d 653, lv. denied 67 N.Y.2d 650, 499 N.Y.S.2d 1046, 490 N.E.2d 562).

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


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