Opinion
11880
January 9, 2003.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered January 7, 2000, convicting defendant upon her plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
Kathryn M. Barber, Albany, for appellant.
John R. Trice, District Attorney, Elmira, for respondent.
Before: Cardona, P.J., Mercure, Spain, Mugglin and Kane, JJ.
MEMORANDUM AND ORDER
Defense counsel seeks to be relieved of her 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 and defense counsel's brief, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty of the crime of criminal sale of a controlled substance in the third degree and was sentenced in accordance with the plea agreement to a prison term of 2 to 6 years. The judgment is, accordingly, affirmed and defense counsel's application for leave to withdraw is granted (see People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650; see generally People v. Stokes, 95 N.Y.2d 633).
Cardona, P.J., Mercure, Spain, Mugglin and Kane, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.