People v. Gassner

Appeal from a judgment of the County Court of Cortland County (Campbell, J.), rendered May 10, 2012, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.

When defendant’s appeal was previously before this Court, we rejected an Anders brief, withheld decision and assigned new counsel to address at least one issue of arguable merit pertaining to the severity of the sentence, as well as any other nonfrivolous issues disclosed by the record (People v Gassner, 109 AD3d 1024 [2013]). Defendant now argues that the resentence of 1 to 3 years in prison imposed on…