Opinion
2014-06-26
The PEOPLE of the State of New York, Respondent, v. Joseph A. CIOTO, Appellant.
John Ferrara, Monticello, for appellant. D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
John Ferrara, Monticello, for appellant. D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered December 20, 2012, convicting defendant upon his plea of guilty of the crimes of burglary in the second degree and grand larceny in the fourth degree.
In satisfaction of a multi-count indictment and a superior court information, defendant pleaded guilty to burglary in the second degree and grand larceny in the fourth degree, and waived his right to appeal. He was sentenced as a prior felony offender in accordance with the plea agreement to, among other things, concurrent prison terms of 12 years and 1 1/2 to 3 years, respectively, followed by five 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, we agree. Therefore, the judgment is affirmed and counsel's request is granted ( see People v. Cruwys, 113 A.D.2d 979, 493 N.Y.S.2d 653 [1985],lv. denied67 N.Y.2d 650, 499 N.Y.S.2d 1046, 490 N.E.2d 562 [1986];see generally 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. LAHTINEN, J.P., STEIN, GARRY, LYNCH and CLARK, JJ., concur.