Opinion
March 4, 1999
Appeal from the judgment of the County Court of Chemung County (Castellino, J.).
Defendant, a prison inmate, pleaded guilty to the crime of attempted promoting prison contraband in the first degree and was sentenced as a second felony offender to a prison term of 1 1/2 to 3 years, to run consecutive with the sentence he was currently serving. 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 review of the record and defense counsel's brief, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty and was sentenced to the most lenient sentence permitted by statute. Accordingly, we affirm the judgment of conviction and grant defense counsel's application for leave to withdraw ( see, People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650).
Cardona, P. J., Crew III, Yesawich Jr., Carpinello and Graffeo, JJ., concur.
Ordered that the judgment is affirmed, and application to be relieved of assignment granted.