People v. Colombe

2026 NY Slip Op 00285 · Supreme Court of the State of New York, Appellate Division, Third Department · January 22, 2026 · No. CR-22-2012

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

  1. 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.
  2. The judgment convicting defendant of burglary in the second degree was affirmed.

Questions Presented

  1. Whether appellate counsel should be permitted to withdraw because the record, counsel's brief, and defendant's pro se submissions presented no nonfrivolous issue.
  2. 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

Open PDF
Loading document…

More from New York Appellate Division Third Department Supreme Court Of The State Of New York Appellate Divisi