State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: November 5, 2015 106142
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THE PEOPLE OF THE STATE OF
NEW YORK,
Respondent,
v MEMORANDUM AND ORDER
RICHARD HALL,
Appellant.
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Calendar Date: September 22, 2015
Before: Lahtinen, J.P., Rose, Devine and Clark, JJ.
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Kevin J. Bauer, Albany, for appellant.
P. David Soares, District Attorney, Albany (Christopher D.
Horn of counsel), for respondent.
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Appeal from a judgment of the Supreme Court (McDonough,
J.), rendered August 5, 2013 in Albany County, convicting
defendant upon his plea of guilty of the crime of burglary in the
second degree.
In satisfaction of a four-count indictment, defendant
pleaded guilty to burglary in the second degree and waived his
right to appeal. He was sentenced in accordance with the plea
agreement to a prison term of six years, followed by three years
of postrelease supervision. Defendant appeals.
Appellate counsel seeks to be relieved of his 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 and counsel's brief, we agree. Therefore,
the judgment is affirmed and counsel's request for leave to
-2- 106142
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., Rose, Devine and Clark, JJ., concur.
ORDERED that the judgment is affirmed, and application to
be relieved of assignment granted.
ENTER:
Robert D. Mayberger
Clerk of the Court