People v Jimenez
2015 NY Slip Op 06529 [131 AD3d 765]
August 13, 2015
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 23, 2015


[*1] (August 13, 2015)
 The People of the State of New York, Respondent, v Brandon Jimenez, Appellant.

Kevin J. Bauer, Albany, for appellant.

P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered November 15, 2012, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree (two counts).

In satisfaction of a multicount indictment and an another charge, defendant pleaded guilty to two counts of attempted burglary in the second degree and waived his right to appeal. No particular sentence was promised as part of the plea agreement, but defendant was advised that he faced a maximum of seven years in prison and three years of postrelease supervision on each count. County Court subsequently sentenced defendant to seven years in prison and three years of postrelease supervision for each crime, which sentences were to run concurrently. Defendant now appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant upon the ground that there are no nonfrivolous issues that may 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 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Lahtinen, J.P., McCarthy, Egan Jr. and Rose, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment [*2]granted.