Summary
The New York Appellate Division, Third Department affirmed Gerald Colombe's judgment of conviction for burglary in the second degree following his guilty plea and agreed-upon sentence. The court granted appellate counsel's request to withdraw after finding no nonfrivolous issues, including based on the record and defendant's pro se submissions.
Holdings
- After reviewing the record, appellate counsel's brief, and defendant's pro se submissions, the court agreed that no nonfrivolous issue existed and granted counsel's request to withdraw.
- The judgment convicting defendant of burglary in the second degree was affirmed.
Questions Presented
- Whether appellate counsel should be permitted to withdraw because the record, counsel's brief, and defendant's pro se submissions presented no nonfrivolous issue.
- Whether the judgment of conviction should be affirmed.
Disposition
affirmed
Cases Cited (3)
- People v. Cruwys, 113 AD2d 979, 980 (3d Dept 1985), lv denied 67 NY2d 650 (1986)(followed)
- People v. Beaty, 22 NY3d 490 (2014)(followed)
- People v. Stokes, 95 NY2d 633 (2001)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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