Opinion
January 18, 1977
On this appeal from a judgment rendered on September 25, 1974, in the Supreme Court, New York County, convicting defendant on his plea of guilty to criminal sale of a dangerous drug in the second degree and sentencing him to a term of imprisonment not to exceed nine years, assigned counsel, after conscientiously examining the record, has sought leave to withdraw. The application is supported by and contained in a brief in compliance with People v Saunders ( 52 A.D.2d 833) (see, also, Anders v California, 386 U.S. 738). Counsel has concluded that the record in this case does not reveal any valid appealable issue, and that the appeal is, in effect, frivolous. After a review of the record and proceedings in this case, this court agrees with counsel for appellant that there are no issues to be raised on this appeal that would not be frivolous. Accordingly, the application by counsel to withdraw is granted, and the judgment of conviction is unanimously affirmed.
Concur — Stevens, P.J., Murphy, Lupiano, Silverman and Lane, JJ.