Opinion
13063
June 20, 2002.
Appeal from a judgment of the County Court of Greene County (Pulver Jr., J.), rendered April 24, 2001, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.
Judith E. Young, Bloomingburg, for appellant.
Terry J. Wilhelm, District Attorney, Catskill (Ann-Marie Rabin of counsel), for respondent.
Before: Cardona, P.J., Crew III, Peters, Carpinello and, Lahtinen, JJ.
MEMORANDUM AND ORDER
Defendant knowingly, voluntarily and intelligently pleaded guilty to the crime of burglary in the third degree, waiving his right to appeal. Although prior to sentencing, defendant moved, pro se, to withdraw his plea, he never claimed that he was innocent of the crime charged nor that his plea was induced by fraud or mistake (see, People v. Carr, 288 A.D.2d 561, 561; People v. Graham-Harrison, 272 A.D.2d 780, 781). At the sentencing hearing, defendant withdrew his motion and proceeded with the sentencing and was sentenced in accordance with his plea bargain, as a second felony offender to a prison term of 2 to 4 years. Defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Upon our review of the record, defense counsel's brief and defendant's pro se supplemental brief, we agree. The judgment is therefore affirmed and defense counsel's application for leave to withdraw is granted (see, People v. Stokes, 95 N.Y.2d 633; People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650).
Cardona, P.J., Crew III, Peters and Carpinello, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.