Opinion
May 1, 1997
Appeal from the County Court of Chemung County (Danaher, Jr., J.).
Defense counsel 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. Upon our review of the record and defense counsel's brief, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty to the crime of criminal possession of a controlled substance in the third degree. His sentence was in accordance with the plea agreement and within the relevant statutory requirements. 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).
Mikoll, J.P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.