State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: September 15, 2016 106909
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THE PEOPLE OF THE STATE OF
NEW YORK,
Respondent,
v MEMORANDUM AND ORDER
ALEC HAMMOND,
Appellant.
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Calendar Date: August 8, 2016
Before: Peters, P.J., McCarthy, Devine, Clark and Mulvey, JJ.
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Cheryl L. Sovern, Clifton Park, for appellant.
Craig P. Carriero, District Attorney, Malone (Jennifer M.
Hollis of counsel), for respondent.
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Appeal from a judgment of the County Court of Franklin
County (Main Jr., J.), rendered June 16, 2014, convicting
defendant upon his plea of guilty of the crime of attempted
burglary in the second degree.
In satisfaction of a two-count indictment, defendant
pleaded guilty to attempted burglary in the second degree and
waived his right to appeal. County Court thereafter imposed a
sentence within the agreed-upon range, namely, four years in
prison to be followed by three years of postrelease supervision.
Defendant now appeals, and appellate counsel seeks to be
relieved of her assignment of representing defendant on the
ground that there are no nonfrivolous issues to be raised on
appeal. Upon our review of the record and counsel's brief, we
agree. The judgment is, accordingly, affirmed and counsel's
-2- 106909
request for leave to withdraw is granted (see People v Cruwys,
113 AD2d 979 [1985], lv denied 67 NY2d 650 [1986]; see generally
People v Stokes, 95 NY2d 633 [2001]).
Peters, P.J., McCarthy, Devine, Clark and Mulvey, JJ.,
concur.
ORDERED that the judgment is affirmed, and application to
be relieved of assignment granted.
ENTER:
Robert D. Mayberger
Clerk of the Court