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PEOPLE OF THE STATE OF NEW YORK v ORVILLE A. OLDACRE

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v ORVILLE A. OLDACRE

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Calendar Date: April 3, 2018Before: Garry, P.J., Egan Jr., Clark, Mulvey and Rumsey, JJ.__________Craig Meyerson, Peru, for appellant.P. David Soares, District Attorney, Albany (Christopher D.Horn of counsel), for respondent.__________Appeal from a judgment of the Supreme Court (Breslin, J.),rendered February 4, 2014 in Albany County, convicting defendantupon his plea of guilty of the crime of reckless endangerment inthe first degree.In satisfaction of an 11-count indictment, defendantpleaded guilty to reckless endangerment in the first degree andwaived his right to appeal. County Court thereafter sentenceddefendant to the agreed-upon sentence of 1a to 4 years in prisonand ordered him to pay restitution in the amount of $282.45.Defendant appeals.Appellate counsel seeks to be relieved of his assignment ofrepresenting defendant on the ground that there are nononfrivolous issues that may be raised on appeal. Based upon ourreview of the record and counsel’s brief, we agree. Therefore,-2- 107430the judgment is affirmed and counsel’s request for leave towithdraw is granted (see People v Cruwys, 113 AD2d 979, 980[1985], lv denied 67 NY2d 650 [1986]; see generally People vStokes, 95 NY2d 633 [2001]).Garry, P.J., Egan Jr., Clark, Mulvey and Rumsey, JJ.,concur.ORDERED that the judgment is affirmed, and application tobe relieved of assignment granted.ENTER:Robert D. MaybergerClerk of the Court

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