Opinion
14318.
Decided and Entered February 26, 2004.
Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered December 17, 2001, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.
Elbert H. Watrous Jr., Public Defender, Schenectady, for appellant.
Robert M. Carney, District Attorney, Schenectady, for respondent.
Before Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of attempted criminal sale of a controlled substance in the third degree and waived his right to appeal. He was sentenced as a second felony offender in accordance with the plea agreement to a prison term of 3 to 6 years. Defense counsel now seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Our review of the record, defense counsel's brief and defendant's pro se submission leads to the same conclusion. 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).
Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.